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THE    DORR  WAR 


1  HOMAS     WILSON'  TDORR. 


The  Dorr  War 


OR 


THE  CONSTITUTIONAL  STRUGGLE 
IN    RHODE   ISLAND 


ARTHUR    MAY    MOWRY,    Ph.D. 


WITH    AN    INTRODUCTION    BY 

ALBERT     BUSHNELL     HART 

rHOKKSSOR    OK    AMKKICAN     HISTOKV,     HAK\Akll    INUKKSIM 


PROVIDENCE,   R.  I. 
PRESTON   &   ROUNDS    CO. 

1901 


No. 


C  ()  F  '^'  R  I  G  H  T,     1901 


HOWARD      V\  .     H  R  E  S  T  O  N 


I'RKSS  OK 
1;.  I..  FRHKMAN   AND  SONS 
l'RO\  IDKNCK,    RHODK    IM.AM) 


\  F 


CONTENTS. 


Chapter. 

I.  Introductory,  ..... 

n.  The  Rhode  Island  Charter,     . 

III.  Early  Movements  for  a  Constitution, 

ly.  The  Rhode  Island  Suffrage  Association 

V.  Two  Conventions  Called, 

VI.  The  Charter  Criticised,   . 

VII.  The  Issue, 

VIII.  The  Conventions,    . 

IX.  The  People's  Constitution, 

X.  The  Freemen's  Constitution, 

XI.  The  Elections, 

XII.  Appeal  to  the  Nation,     . 

XIII.  Rival  Governments, 

XIV.  Tammany  Hall, 
XV.  The  Arsenal,  . 

XVI.  The  Interim,  . 

^    XVII.  Acote's  Hill,  . 

^  XVIII.  Martial  Law,. 

XIX.  Treason  Against  a  State, 

XX.  Thomas  Wilson  Dorr,     . 

'XXI.  Congressional  Interference, 

XXII.  The  Struggle  Ended,       . 

XXIII.  Conclusion,     . 


CO 
CD 


Appendix. — 

A.  The  Charter  Granted  by  King  Charles  II, 

B.  The  People's  Constitution,       .... 

C.  The  Freemen's  Constitution,  .... 

D.  The  Constitution  of  the  State  of  Rhode  Island, 

E.  The  Dorriad, 

F.  Bibliography,  ....... 

Index, 


I'age. 
I 

8 
25 
45 
56 

73 
84 

94 
107 
119 

128 

139 
151 
166 
181 
198 
206 
223 
238 

255 
268 
282 
296 


307 
322 

347 
367 
390 
400 

407 


2'?5345 


ILLUSTRATIONS. 


1.  Thomas  Wilson  Dorr,    ........        Frontispiece. 

(C'..l;crli(in    Rluidc   Island    HIstoriral  Society.) 

2.  Francis  Wayland,  ...........       29 

( I'Voni  an    I'.nijravin.i;.) 

3.  Thomas  Wilson  Dorr  (aged  about  35  years),         .....       39 

ri'his  and  also  numbers  \i.  15,  i'),  and  19  arc  frimi  litliotrraphs  by  K.  W.  I'nuv^  of  drawinj^is  by 
Thomas  A.  Ht)ppin,  reputed  to  have  been  made  for  HukIi  I'roun  for  a  publication  on  the  Dorr 
W.ir.     Collection  I'rown  University  Library  1 

4.  Lemuel  H.  Arnold,         ..........       46 

iCoIleclion  Rhod,'  Island  1  listorical  Society. ) 

5.  James  V.  Simmons,         ..........       47 

(  rVom  a  pbotoj^rapli.     ('(.lleclion  Rhode  Island  Historical  Society.) 

6.  Suffrage  Medal,      ...........       50 

(Collection  ol  Charles  Corton.) 

7.  Suffrage  Banner  Carried  in  the  Parade,         ......       64 

( I'hoto.:,'raplied  from  original.     Colliction  Rhode  Island  Historical  Society.) 

8.  Samuel  H.  Wales,  .         .         .         .         .         .         .         .         .         -71 

I  I'roni  a  photoKrapIi.     Collection  Rhode  Island  Historical  Society.) 

9.  Thomas  W.  Dorr,  ...........       97 

(Krom  an  enKravinj;  of  a  daguerreotype  by  .A.   I..   I)ick.) 

10.  Samuel  Ward  King,       .         .         .         .         .         .         .         .         .         -136 

(Krom  a  daguerreotype.) 

11.  Commi.ssion  Signed  by  Governor  Dorr 159 

(Collection  of  Charles  (iorton.) 

12.  Dorr  Flourishing  the  Sword, 177 

(Iroin  a  drawing  l)y    I'homas  A.  Iloppin.     See  No.  3.     Collection  Hrown  University  I-ibrary.) 

13.  Map  of  Providence  County i8o 

(From  I'roTtilence  Daily  Journal^  July  19,  1842.     Collection  Rhode  Island  Historical  Society.) 

14.  Wall  Placard,  "  Take  Arms  !  " 183 

(Collection  Rhode  Island  Historical  Society.) 


LIST     OF     ILLUSTRATIONS.  VU. 

15.  The  Attempt  on  the  Arsenal,  May  17, 1M5 

(I'Voin  drawitiK  by  'I'hoinas  A.  Ili)|ipin.     See  No    j.i 

16.  The  Upper  Room  of  the  Arsenal,  May  17 185 

(From  drawing  by  'rhomas  A.  Hoppin.     See  No.  3  ) 

17.  Map  of  the  Ground  on  which  the  Events  of  May  17  and  18  Occurred,     187 

(From  frovidence  Daily  Journal,  May  26,  1842.     Collection  Rhode  Island  Historical  Society. > 

18.  Dorr's  Headquarters — Burrington  Anthony  House,      .         .         .         .     iS8 

(From  photoijraph  by  W.  A.  Dean.) 

19.  First  Section  of  Cadets  in  Pursuit  of  Dorr, 190 

(From  drawing  by  Thomas  A.  Hoppin.     See  No.  3.     Collection  Samuel  W.  Brown.) 

20.  Henry  Y.  Cranston, .         .         .     203 

(From  an  engraving.) 

21.  Trouble  in  the  Spartan  Ranks,      ........     207 

(Collection  Rhode  Island  Historical  Society.) 

2  2.     Map  of  Chepachet,  Showing  Dorr's  Camp,   ......     209 

(F'rom  Providence  Daily  Journal^  June  29th,  1842.     Collection  Rhode  Island  Historical  .Society.) 

23.  Governor  King's  Residence, .212 

(From  photograph  by  W.  A.  Dean.) 

24.  Colonel  William  W.  Brown,  .         .         .         .         .         .         .         .         .214 

(From  a  photograph.) 

25.  Map  Drawn  by  Order  of  General  McNeil, 215 

(Photographed  from  original.     Collection  Rhode  Island  Historical  Society.) 

26.  The  Capture  of  Acote's  Hill, 217 

(From  lithograph  of  drawing  by  Henry  Lord.     Collection  Rhode  Island  Historical  Society.) 

27.  Map  of  Chepachet,  Showing  State  Forces,     .         .         .         .         .         .218 

(From  Providence  Daily  Journal^  July  igth,  1842.     Collection  Rhode  Island  Historical  Society.) 

28.  Wall  Placard,  "  Martial  I^aw," 225 

(Collection  Rhode  Island  Historical  Society.) 

29.  Order  for  Pay  for  Military  Services,      .......     230 

(Collection  Charles  (Norton. ) 

30.  Proclamation  Offering  Reward  for  Dorr, '  238 

(lirown  University  Library.) 

31.  James  Fenner, 256 

(Collection  Rhode  Island  Historical  Society.) 

32.  Charles  Jackson, 257 

(Collection  Rhode  Island  Historical  Society.) 


Vlll.  THE     DORR     WAR. 

33.  Certificate,  Dorr  Liberation  Stock, 258 

(Collection  Chark-s  CJcirton  ) 

34.  The  Four  Traitors, 258 

(From  a  broadside.     Collection  Rhode  Island  Historical  Society.) 

35.  The  Dorr  House, 264 

(Kroni  a  photograph  by  W.  A.   l>ean,) 

36.  Thomas  F.  Carpenter, 273 

(Collection  Rhode  Island  Historical  Society.) 

37.  Tyrants  Prostrate ;  Liberty  Triumphant, 276 

(From  lithograph  loaned  by  Charles  H.  C>reene.) 


PREFACE. 


THIS  book  is  designed  to  set  forth  with  fullness  and  accuracy 
the  long  protracted  struggle  for  an  extended  suffrage  in 
Rhode  Island.  The  author  has  examined  with  care  all 
available  material,  in  order  to  frame  frorn  original  sources  a  con- 
sistent account  of  this  peculiar  controversy  from  the  early  days 
of  the  charter  to  the  present  time.  Valuable  aid  has  been  received 
from  old  documents  and  records  in  the  Rhode  Island  State  Library, 
in  the  archives  of  the  City  Hall,  Providence,  and  in  the  collections 
of  the  Rhode  Island  Historical  Society;  also  from  the  reports  of 
the  Supreme  Court  of  the  State  of  Rhode  Island  and  of  the  United 
States;  and  from  the  journals  of  Congress  and  various  State  legis- 
latures. The  newspapers  have  proved  to  be  a  fruitful  source  for 
information,  and  scores  of  files  of  papers  published  not  only  in 
Rhode  Island  but  also  in  other  portions  of  New  England,  in  New 
York,  and  in  more  distant  States,  have  been  turned  over  in  an 
exhaustive  search  for  the  truth. 

Thanks  are  due  to  the  late  Amos  Perry,  Secretary  of  the  Rhode 
Island  Historical  Society,  and  to  the  librarians  and  attendants  of 
the  public  libraries  of  Providence  and  Boston ;  the  Harvard  Library, 
at  Cambridge ;  the  Library  of  the  American  Antiquarian  Society, 
Worcester ;  the  Astor  and  Lenox  libraries,  of  New  York  City ; 
and  many  other  public  and   private  libraries,  for  their  interest  and 


X.  THE     DORK     WAR. 

courteous  attention.  Particular  acknowledgments  are  credited  to 
Professor  Albert  Bushnell  Hart,  Ph.D.,  who  has  kindly  written  the 
Introduction;  to  Professor  Edward  Channing,  Ph.D.,  and  to  Pro- 
fessor James  B.  Thayer,  LL.D.,  of  Harvard  University,  for  valuable 
assistance  rendered ;  to  Professor  James  B.  Scott,  D.  C.  L.,  Dean  of 
the  Law  School  of  Illinois  State  University,  and  Professor  James 
A.  Hoose,  Ph.D.,  of  the  University  of  Southern  California,  for  read- 
ing the  manuscrii)t  and  for  important  suggestions ;  and  to  Clarence 
S.  Brigham,  Librarian  of  the  Rhode  Island  Historical  Society,  and 
the  many  friends  who  have  assisted  in  the  search  for  illustrations. 

The  work  is  submitted  to  the  people  of  Rhode  Island  and  to 
the  students  of  history  throughout  the  country  in  the  hope  that 
it  will  bring  to  them  much  information,  in  readable  form,  upon 
this  very  important  and  hitherto  neglected  history. 


INTRODUCTION. 


BY    PROFESSOR    ALBERT    BUSHNELL    HART. 


"  Certainly,  the  great  rmdtiplication  of  Vertues  ripon  Humane  Nature,  resteth 
upon  Societies  well  Ordained,  and  Disciplined.  For  Coin?no7iwealths ,  and  Good 
Governtnents ,  doe  nourish    Vertue  Growne,  but  doe  7iot  imich  7nend  the  Seeds."" 

So  wrote  great  Bacon  three  centuries  ago.  The  observation 
appHes  to  no  Commonwealth  and  to  no  Good  Government  more 
than  to  the  colony  and  State  of  Rhode  Island,  where  for  nearly 
two  centuries  one  instrument  of  government  sufficed  for  the  inter- 
ests of  a  thriving  and  advancing  community;  yet  where  from  the 
beginning  there  were  seeds  of  dissension,  from  which  sprang  event- 
ually a  dangerous  civil   war. 

Rhode  Island  has  had  the  fortune  to  illustrate  several  different 
phases  of  that  abounding  American  life  which  found  expression  in 
a  dozen  other  colonial  governments:  Rhode  Island  w^as  one  of  the 
earliest  American  homes  of  religious  toleration  ;  Rhode  Island  was 
an  example  of  a  loose  kind  of  federation ;  Rhode  Island  w^as  one 
of  the  few  American  commonwealths  which  had  a  thoroughly  dem- 
ocratic government,  choosing  its  own  governor  as  well  as  its  own 
assembly.  In  the  federal  history  of  America,  also,  Rhode  Island 
has  gone  through  several  interesting  crises:    Rhode   Island  was  one 


Xll.  THE     DORR     WAR. 

of  the  earliest  commonwealths  to  purge  itself  of  the  crime  of  human 
slavery;  Rhode  Island  was  one  of  the  most  vigorous  defenders  of 
State  rights,  against  what  it  thought  the  aggressions  of  the  national 
government  in  1814;  Rhode  Island  was  the  only  State  in  the  Union 
to  pass  through  a  revolution  of  its  own  after  the  great  uprising  of 
the  Revolution  and  before  the  overthrowings  of  the  Civil  War  period. 
Rhode  Island  has  also  been,  if  not  singular,  at  least  fortunate, 
in  the  loyalty  of  its  own  sons.  When  some  years  ago  Mr.  Arthur 
May  Mowry,  at  much  personal  sacrifice,  sought  the  opportunity  of 
enlarging  his  training  in  historical  work,  it  was  my  fortune  to  be 
acquainted  with  his  purpose  and  frequently  to  discuss  with  him 
the  subject  which  he  had  chosen  for  investigation.  It  seemed  to 
him  that  in  the  history  of  his  State  the  Dorr  Rebellion  was  the 
most  important  episode,  and  that  at  the  same  time  it  was  the 
least  studied  and  perhaps  the  most  misconstrued.  He  therefore 
set  himself  steadily  and  pertinaciously  to  become  acquainted  with 
the  prime  materials  on  that  subject;  and  he  soon  learned  where 
to  find  the  pamphlet,  periodical,  and  fugitive  material  upon  which  a 
skillful  writer  might  draw.  He  left  no  stone  unturned :  he  searched 
libraries  far  and  near:  he  unearthed  forgotten  newspapers  and  rare 
broadsides:  he  went  throuHi  the  ne2:lected  records  of  courts  and 
legislatures:  no  collection  of  sources  which  was  open  to  the  inves- 
tigator was  neglected  in  his  search. 

After  many  months  of  labor,  extending  through  several  years' 
time,  he  began  to  arrange  his  materials,  to  come  to  conclusions, 
and  carefully  to  prepare  this  history.  His  method  was  always  in- 
ductive :  he  came  to  estimate  men  and  measures  because  those 
judgments  seemed  to  him  inevitable,  borne  in  upon  him  by  wide 
evidence:  he  was  a  careful,  painstaking,  and  reflective  writer.  About 
the    time    that    his    manuscript    was    completed,  disease    came    upon 


INTRODUCTION.  Xlll. 

him.  When  he  began  to  see  that  his  days  were  numbered,  he 
took  the  pains  to  revise  his  manuscript  again  and  yet  again,  prun- 
ing and  completing  and  coming  to  a  final  judgment.  The  results 
of  what  amounts  in  the  aggregate  to  several  years  of  well-directed 
labor,  appear  in  this  volume,  which  is  at  the  same  time  the  author's 
monument  and  a  tribute  to  his  beloved  State. 

The  first  significance  of  the  work  is  its  study  of  the  development 
of  an  unwritten  constitutional  law,  side  by  side  with  the  written 
charter  of  Rhode  Island.  In  his  early  chapters,  therefore,  Mr.  Mowry 
presents  a  view  of  the  political  and  constitutional  history  of  one 
of  the  States  in  the  Union,  interesting  not  only  to  Rhode  Island, 
but  to  the  increasing  number  of  persons  who  are  seeking  to  under- 
stand the  development  of  popular  government  in  America. 

In  chapters  iv  to  vii  Mr.  Mowry  begins  a  careful  study  of 
the  great  constitutional  struggle  in  Rhode  Island  which  led  up  to 
the  rival  conventions  of  1841,  a  struggle  important  in  the  as  yet 
unwritten  history  of  American  constitutions ;  and  he  brings  out 
clearly  how  far  the  whole  question  was  affected  by  the  rise  of 
manufacturing  communities  and  the  inflow  of  foreigners,  Ln,  one 
sense,  therefore,  the  issue  in  the  Dorr  Rebellion  was  commercial — 
the  recognition  of  the  industrial  class;  but,  on  the  other  hand,  the* 
broad  belief  in  a  widely -distributed  suffrage  as  a  right  principle  of 
human  government  comes  out  as  the  ruling  motive  of  those  who 
were  to  direct  the  new  movement. 

Rhode  Island  is  not  the  only  State  in  the  Union  in  which 
there  have  been  rival  constitutions  and  rival  governments.  In  New 
Orleans,  after  the  Civil  War,  two  legislatures  sat  for  a  time  simul- 
taneously; in  Ohio,  in  1849,  a  House  of  Representatives  organized 
in  one  corner  of  the  official  hall,  and  another  House  in  another 
corner,    and    they    remained    for    some    weeks    in    hostility    to    each 


XIV.  THE     DORR     WAR. 

other;  in  Kentucky  there  have  been  two  governors  at  the  same 
moment,  each  threatening  the  other.  Nevertheless  the  danger  of 
duahty,  the  impossibility  of  two  trains  passing  on  a  single  track, 
has  never  been  so  clearly  brought  out  as  in  the  rivalries  of  Rhode 
Island  from  1841  to  1842;  and  it  is  to  the  credit  of  the  good 
order  and  peaceful  instincts  of  the  Rhode  Island  people  that  the 
collision   was  so  long  postponed. 

ir  The  preliminaries  of  the  Dorr  Rebellion  are  really  an  account 
of  the  power  of  public  sentiment  working  upon  an  unwilling  legis- 
lature and  constitutional  convention.  The  most  significant  and  the 
fundamental  difference  between  the  Freeman's  and  People's  con- 
stitutions was  simply  that  the  official  Freeman's  convention  did 
not  yield  the  vexed  question  of  a  property  requirement  for  the 
suffrage,  while  the  People's  Constitution,  which  was  shortly  to 
become  revolutionary,  followed  the  system  of  neighboring  States 
in  a  gradually  enlarging  suffrage.  In  chapters  ix,  x,  and  xi 
the  story  grows  more  interesting  as  we  come  to  the  parallel  votes 
upon  the  two  constitutions,  and  the  important  statute  declaring  the 
proceedings  under  the   People's  Constitution  to  be  criminal. 

The  second  half  of  Mr.  Mowry's  book,  from  chapter  xii,  is 
the  history  —  hitherto  never  adequately  written  —  of  the  actual  revo- 
lution, or  attempt  at  revolution,  in  Rhode  Island.  Everybody 
knows  that  appeal  was  made  by  both  sides  to  President  Tyler 
before  hostilities  began ;  not  everybody  knows  the  details  of  the 
two  rival  governments  in  May,  1842;  and  still  fewer  people  are 
acquainted  with  the  singular  history  of  Mr.  Dorr's  visit  to  New 
York  and  appeal  to  Tammany   flail  for  sympathy  and  assistance. 

The  drama  now  grows  more  intense  as  military  preparations  are 
made  on  both  sides.  Mr.  Mowry  gives  us  a  clear  and  faithful 
picture   of    the    conditions   and   failure   of    the    People's   government. 


INTRODUCTION.  XV. 

and  the  final  military  collision,  ending  with  the  fiasco  at  Acote's 
Hill,  in  June,  1842.  The  remaining  chapters  of  the  book  deal 
with  the  punitive  action  of  Rhode  Island  against  Dorr,  and  his 
trial  and  conviction  for  treason.  We  have  here  a  valuable  study 
of  the  great  constitutional  question  of  the  relation  of  the  United 
States  to  the  government  of  Rhode  Island,  involving  important 
issues  of  State  rights. 

From  this  brief  summary  it  will  be  seen  that  the  book  is  not 
only  well  prepared,  but  that  it  includes  a  careful  discussion  of  the 
disputed  questions  which  arose  throughout  the  whole  controversy. 
Mr.  Mowry's  judgment  is  that  the  People's  party  were  ill  advised 
in  attempting  to  fight  the  regular  State  government;  and  that  their 
ends  might  have  been  substantially  reached  without  violence;  but 
he  does  not  lack  sympathy  with  the  patriotic  and  in  some  ways 
heroic  elements  in  the  whole  controversy.  Mr.  Mowry  is  convinced 
that  in  this,  as  in  most  similar  difficulties,  violence  defeats  its  own 
ends,  and  leads  to  counter  violence.  Perhaps  the  main  lesson  of 
the  whole  controversy,  and  the  lesson  to  which  Mr.  Mowry  espe- 
cially addresses  himself,  is  the  power  of  strong,  moderately  phrased, 
and  continuous  public  protest,  and  its  superiority  to  forcible  revo- 
lution. 

One  part  of  the  book  remains  to  be  noticed :  the  illustrations 
are  what  pictures  ought  to  be  in  such  a  work  ;  not  a  modern  artist's 
conception  of  what  an  artist  on  the  spot  might  have  sketched,  but 
reproductions  of  the  rough  wood  cuts  and  maps  of  the  time,  and 
excellent  portraits  of  the  principal  characters. 

The  merits  of  Mr.  Mowry's  book  I  have  had  many  opportunities 
to  judge :  he  has  chosen  a  very  dramatic  and  a  very  suggestive 
episode :  he  has  treated  it  with  thoroughness,  with  candor,  and  with 
good  judgment :    he  has  well   told   the  story  of  a  movement  which 


XVI.  THE     DORR     WAR. 

had  roots  deeper  than  Narragansett  bay  and  broader  than  the  ter- 
ritory of  Rhode  Island;  for  the  Dorr  RebelHon  is  one  of  the  most 
distinct  and  striking  incidents  of  the  long  American  struggle  for 
manhood  suffrage.  To  the  Rhode  Islander,  to  the  student  of  con- 
stitutional development,  to  the  believer  in  the  righteousness  and 
the  success  of  popular  government,  Mr,  Mowry  has  rendered  a 
great  service. 


CHAPTER    I. 


[NTRODUCTORY. 

A  LITTLE  more  than  fifty  years  ago  the  State  of  Rhode 
Island  passed  through  a  struggle  which  not  only  led  to 
civil  war  within  the  State  itself  but  also  aroused  great 
interest  in  other  parts  of  the  country.  The  contest  was  unique  : 
in  its  causes  it  finds  no  parallel  in  the  annals  of  any  State  of  the 
Union  ;  history  records  few  civil  wars  in  which  the  antagonism  of 
parties  was  so  intense,  few  which  collapsed  so  completely  and  so 
suddenly,  and  yet  few  which  accomplished  a  more  definite  result. 
It  would  be  worthy  of  study,  even  were  the  causes  less  signifi- 
cant ;  but  the  causes  illustrate,  as  almost  no  other  episode  of  this 
century,  the  development  of  democratic  government.  The  Dorr 
War,  as  the  struggle  has  commonly  been  designated,  has  not 
been  "famed  in  song  and  story;"  and  yet  the  dual  government  in 
Rhode  Island  in  May,  1842,  and  the  short  military  contest  which 
followed,  were  am.ong  the  most  noticeable  features  of  the  quiet 
administration  of  President  Tyler,  and  attracted  the  attention  of 
the  members  of  both  political  parties  and  of  all  classes  of  people 
throughout   the   country. 


THE     DORR     WAR. 


The  popular  interest  in  the  "  Rhode  Island  Question "  was  pri- 
marily due  to  the  sympathy  which  the  people  of  the  other  States 
felt  for  the  "  non-freemen  "  of  that  little  State.  Though  this  sym- 
pathy was  doubtless  to  a  considerable  extent  spontaneous,  it  was 
carefully  fostered  by  the  politicians  of  the  day.  The  opinion  was 
current  that  these  "  oppressed "  persons,  though  greatly  preponder- 
ating in  numbers,  had  been  unjustly  deprived  of  certain  "  rights ; " 
that  these  non -freemen  had  long  struggled  for  these  rights,  and 
that  no  course  was  now  left  open  to  them  but  an  appeal  to  arms. 
This  widespread  interest  did  not  diminish  even  when  the  struggle 
was  over ;  for  the  victorious  government,  though  secure  in  its 
strength,  showed  little  clemency  to  the  vanquished,  and  singled 
out  the  leader  for  condign  punishment.  The  story  was  spread 
broadcast,  and  everywhere  sympathy  was  publicly  expressed  for  the 
"fallen  hero,"  the  "martyr  to  popular  liberty."  Thus  the  war  be- 
came widely  known,  and  deserves  permanent  place  in  the  annals 
of  the  country. 

The  current  notions  of  the  Rhode  Island  struggle  are  almost 
entirely  derived  from  the  general  histories  of  the  United  States, 
in  which  the  story  is  necessarily  briefly  told,  and  in  no  case  ap- 
pears to  have  been  based  on  a  first-hand  study  of  the  subject. 
Very  few  investigations  have  been  made  into  the  constitutional 
troubles  in  Rhode  Island  since  the  time  when  the  bitterness  of 
the  struggle  passed  away ;  hence  the  conventional  view  really  rep- 
resents only  the  loose  ideas  that  prevailed  in  the  Union  at  large 
during  the  struggle  among  those  not  personally  acquainted  with 
/  the  facts  of  the  case.  Careful  investigation  makes  it  certain  that 
in  1842  and  the  subsequent  years  public  opinion  greatly  erred  in 
its  estimate  of  the  real  questions  at  issue  in  Rhode  Island.  The 
political    animosities   in    the    contest    were   exceedingly   strong,    and 


INTRODUCTORY.  6 

neither  side  sent  out  impartial  accounts  to  the  general  public. 
The  domestic  character  of  the  war  was  marked ;  families  were  di- 
vided, sons  were  ranged  against  fathers,  and  brothers  were  found 
on  opposing  sides.  The  seat  of  the  war  was  limited  in  extent, 
and  even  in  the  most  densely  settled  portions  of  the  State  the 
population  was  comparatively  small.  It  was  impossible,  under  such 
circumstances,  for  even  disinterested  persons  to  obtain  fair  state- 
ments  and   unprejudiced   reports. 

The  troublesome  Rhode  Island  question  was  discussed  in  Con- 
gress and  in  the  newspapers  of  the  day,  and  popular  enthusiasm 
was  marked  in  the  leading  cities  of  the  country.  The  universal 
assumption  was  ^that  two  questions  were  involved  in  the  contest, 
and  but  two :  a  struggle  for  freer  suffrage,  and  the  purpose  of 
might  to  be  the  oppressor  of  right.  No  other  possible  causes  for 
the  war  were  seen,  and  an  almost  universal  popular  sympathy  was 
shown  by  the  suffrage  advocates  in  the  various  States  for  the 
"  rightful  demands "  of  the  non  -freemen  of  Rhode  Island  who  were 
seeking  the  suffrage.  The  era  was  one  of  advancing  democracy, 
and  in  all  directions  restrictions  on  the  suffrage  were  being  re- 
moved, or  at  least  lessened.  The  cry  arose  that  Rhode  Island 
must  be  brought  into  line.  As  attentive  observers  watched  the 
struggle  for  the  franchise,  it  was  only  natural  that  the  position  of 
the  legal  voters  should  be  generally  condemned.  They  appeared 
to  be  relying  upon  their  inherited  power  and  once  again  to  be 
refusing  to  grant  equal  political  rights  to  the  less  favored.  That 
the  general  public  should  see  only  these  two  issues  was  natural, 
especially  as  their  knowledge  of  the  conflict  was  limited  to  the 
crisis  itself.  The  early  movements  in  the  State,  especially  during 
the  eighteen  months  preceding  the  outbreak,  the  steps  taken  by 
each   party,   and   the   legal    and    constitutional    issues   involved   were 


4  THE     DORR    War. 

almost  entirely  unknown.  The  newspapers,  outside  of  the  State, 
did  not  begin  to  give  prominence  to  the  news  from  Rhode  Island 
until  well  into  the  month  of  April,  1842;  the  two  months  of  armed 
controversy  which  followed  were  extremely  dramatic,  and  the  trans- 
actions during  this  period  alone  made  much  impression  upon  the 
public   mind. 

(^  The  true  struggle  was,  in  fact,  something  more  than  a  mere 
quarrel  over  the  extent  of  the  suffrage  restrictions,  and  the  length 
of  the  controversy  may  be  measured  by  years  rather  than  by  weeks. 
*The  main  issue  was  constitutional,  and  therefore  the  contest  de- 
serves the  attention  of  publicists  as  well  as  of  historians.  That 
it  was  a  constitutional  issue  does  not  imply  merely  that  questions 
arose  as  to  the  validity  of  certain  laws  or  actions  during  the  three 
years  in  which  the  contest  was  raging ;  the  main  point  at  issue 
was  the  making  of  a  constitution  for  the  State.  Inasmuch  as  no 
method  of  procedure  had  been  provided  by  the  existing  "  funda- 
mental law,"  the  Charter  of  1663,  there  was  great  diversity  of 
opinion.  The  demand  for  a  constitution  primarily  came  from  the 
non -voters,  and  they,  with  some  show  of  reason,  claimed  a  share 
in  the  process.  The  questions  soon  came  up :  "  Who  are  the 
people } "  "  Have  not  the  people  a  right  to  make  constitutions  for 
their  government } "  Thus,  though  the  contest  was  local  and  con- 
fined within  a  limited  area,  the  questions  presented  were  national 
in  importance.  If  the  inhabitants  of  Rhode  Island  had  the  legal 
right  to  rise  in  their  might,  to  throw  off  all  existing  control,  and 
to  make  a  new  fundamental  law  at  pleasure,  no  State  in  the  Union 
could  consider  itself  safe  from  a  similar  proceeding.  Jf,  in  Rhode 
Island,  such  a  movement  should  be  prevented,  and  thereby  pro- 
claimed revolutionary,  a  valuable  precedent  would  be  furnished  for 
the  protection  of  other  State  governments. 


Introductory.  o 

When  the  peaceful  legal  contest  was  beginning  to  develop  into 
an  armed  controversy,  new  political  and  constitutional  issues  were 
brought  to  the  front.  jAs  each  party  realized  its  own  weakness,  it  ^ 
appealed  to  the  national  government  for  aid.  Here  was  presented 
the  then  novel  issue  of  rival  ^State  governments  calling  upon  the 
President  of  the  United  States_j:o  decide  which  of  them  had  legal 
authority.  What  were  his  powers  in  such  a  case  ?  Did  the  Con-  -^ 
stitution  of  the  United  States,  notwithstanding  the  doctrine  of  State 
sovereignty,  make  him  an  arbiter  in  such  crises  in  the  common- 
wealths ? 

Another  method  of  settlement  suggested  during  the  struggle 
was  to  refer  the  matter  at  issue  to  one  of  the  Houses  of  Congress.  ' 
AltTiough  the  House  of  Representatives  found  no  opportunity  to 
act  directly  as  arbitrator,  it  nevertheless  forced  itself  into  the  con- 
troversy by  an  attempt  to  investigate  the  action  of  the  President 
toward  the  establishment  —  or,  perhaps,  rather  the  overthrow  —  of  a 
government  in   Rhode   Island. 

Failing  to  obtain  assistance  from  either  the  executive  or  the 
legislative  departments  of  the  national  government,  as  a  last  resort 
one  of  the  rival  parties  appealed  to  the  Supreme  Court.  Here  an 
insurmountable  obstacle  was  found  in  the  time-honored  conservatism 
of  the  highest  tribunal  in  the  land.  A  decision  was  rendered  in 
the  case  of'  Luther  vs.  Borden,  which  determined  the  exact  status 
of  the  Supreme  Court  on  constitutional  questions,  but  did  not 
settle    the    Rhode    Island    controversy. 

Besides  raising  serious  questions  as  to  its  internal  relations  with 
the  three  departments  of  the  national  government,  the  struggle  in 
Rhode  Island  is  interesting  because  of  its  connection  with  other 
States.  Public  mass  meetings  were  held  in  many  of  the  large 
cities    of   the    country,   which   inflamed    the    passions  of   the   hostile 


THE     DORR     WAR. 


parties  in  Rhode  Island.  However  unfortunate  such  action  may 
have  been,  it  was  not  illegal,  perhaps  not  improper.  But  all  up- 
holders of  the  internal  autonomy  of  the  State  must  be  strongly 
opposed  to  the  official  position  taken  by  some  of  the  State  legis- 
latures in  making  appeals  to  Congress.  The  refusal  of  certain 
governors  to  honor  the  requisition  of  the  governor  of  Rhode  Is- 
land to  hold  in  arrest  the  fugitive  leader  of  the  defeated  party 
adds   another  complication   to   the   situation. 

Three  other  issues,  judicial   as  well   as   constitutional,  grew  out 
of   the    Dorr  Rebellion,  and   present  matters  of  interest   to  all  stu- 
dents of   criminal    as  well    as    constitutional    law.      The    first    arose 
.        when    the    governor,    under   a   vote    of    the    General    Assembly,    de- 
clared martial  law  throughout  the  State  —  taking  a  step  far  beyond 
any  which  the  people  of  any  State  had  ever  witnessed.     No  study 
of  martial  law  is  complete  without  a  careful  review  of  the  decision 
of  the  Supreme  Court  of  the  State  of   Rhode  Island  and  the  indi- 
vidual opinion  of  Justice  Woodbury  of  the  Federal  Supreme  Court. 
^.yThe    second    legal    issue    came    after  the   war  was    ended,   the    new 
constitution   adopted,   and   matters   in   the   State   had   quieted   down. 
The  State  government  arrested  the  leader  of  the  insurrection   and 
brought  him  to  trial  for  treason.     Prosecution  and  defense  were  in 
practical   accord  as  to  questions  of  fact ;    the  question   at  issue  was 
^  the  legality   of   a   revolution.      The  defence   also   took    the    unusual 
^     position    that   there  could    be    no   such   thing   as   treason   against  a 
(    State,    but    only    against    the    United    States.  ^  Jhe    third    political 
issue    arose    several    years    after    the    conviction    of    the    so  -  called 
"traitor,"    and    well    illustrates    the    Anglo-Saxon    rivalry   between 
legislature  and  judiciary..    The   General   Assembly,  in   1854,  passed 
a   statute  declaring    the   decision   of    the   Supreme   Court    null    and 


INTRODUCTORY.  7 

void,  and  ordering  that  the  account  of  the  conviction  and  sentence 
be_expunged  from  the  records  of  the  State. 

There  are,  then,  at  least  ten  distinct  issues  bound  up  in  the 
Rhode  Island  constitutional  contest,  which  may  be  briefly  summed 
up  as  follows : 


? 


f)     The  general  right  of  the   people  to  adopt  constitutions  ; 

(2)  The  character  of  the  amendatory  method  adopted  in  Rhode 
Island,  whether  revolutionary  or  legal ; 

(3)  The  powers  of  the  national  executive  in  cases  of  State  con- 
troversies ; 

(4)  The  powers  of  the  national  legislature  in  such  cases ; 

(5)  The  powers  of  the  national  judiciary  in  such  cases  ; 

(6)  The  interference  of  States  in  the  affairs  of  other  States  ; 

(7)  The  right  of  governors  to  decline  requisitions  for  persons 
charged  with  crime  ; 

(8)  The  declaration  of   martial  law  ; 

(9)  The  possibility  of   treason  against  a  State  ; 

(Joy    The  power  of  a  legislature   to   annul   the   acts  of  the  judi- 
ciary. 

In  this  monograph  it  is  intended  to  present  a  complete  narra- 
tive of  the  short  civil  war  of  May  and  June,  1842,  with  its  causes 
and  results;  and  further  to  state  and  comment  upon  the  important 
issues  which  were  brought  into  prominence  during  the  movements 
for  a  constitution  and  for  universal  suffrage  which  have  been  more 
or  less  before  the  people  of  Rhode  Island  since  1776,  and  some 
of  which  have  continued  to  agitate  the  State  even  to  the  present 
decade. 


CHAPTER    11. 


nr 


THE    RHODE    ISLAND    CHARTER. 
HE  written   instrument  which  the   Rhode   Island   suffras^ists 


"•&■ 


I  were    anxious    to    replace    by   a    new   constitution   was   the 

charter  granted  by  Charles  II  in  1663,  under  which  the 
people  of  Rhode  Island  had  lived  and  prospered  for  more  than  a 
century  and  three-quarters.  Undemocratic  as  the  government  of 
the  State  under  the  charter  may  seem  in  the  light  of  the  nine- 
teenth century,  yet  its  practice  was  unusually  liberal  for  the  seven- 
teenth century  ;  it  simply  remained  stationary  while  popular  ideas 
steadily  progressed.  For  nearly  two  hundred  years  the  charter 
was  considered  the  fundamental  law  by  all  the  inhabitants,  and 
under  it  the  General  Assembly  met,  executive  and  judicial  officers 
were  chosen,  and  statutes  were  enacted  and  enforced.  No  one 
questioned  its  authority  or  constitutional  supremacy  until,  in  1841, 
some  of  the  suffrage  agitators  declared  that  the  State  had  no  con- 
stitution, much  less  a  written  constitution,  and  that  the  government 
was  in  the  hands  of  an  usurping  "landocracy."  An  analysis  of  this 
charter  and  a  study  of  the  constitutional  development  of  the  colony 
and  State  under  it  form  the  most  appropriate  starting  point  in  the 
discussion  of  the   Rhode   Island  controversy. 


THE     RHODE     ISLAND     CHARTER.  0 

If  the  Charter  of  1663  can  properly  be  called  the  Constitution 
of  the  State,  it  must  be  shown  to  conform  to  the  requisites  of  a 
modern  constitution  of  a  republic/  First,  the  document  must  be 
the  fundamental  law ;  all  other  laws,  statutes,  ordinances  or  acts 
must  be  subordinate  to  it,  and  legislative  enactments  must  be 
treated  as  null  and  void  if  inconsistent  with  any  of  its  provisions. 
Secondly,  this  fundamental  law  should  contain  provisions  for  the 
machinery  of  the  government  and  also  for  the  perforniance  of 
legislative,  executive,  and  judicial  functions.  Third,  such  a  docu- 
ment, in  order  to  be  valid,  must  have  been  at  some  time  adopted 
by  the  people  of  the  State  or  by  their  properly,  chosen  representa- 
tives. Fourth,  the  authority  of  the  document  must,  formally  or 
informally,  be  continuously  acknowledged  by  immigrants  and  later 
generations  ;  for,  though  once  adopted  by  the  State,  a  constitution 
which  has  lost  its  authority,  and  is  no  longer  accepted  as  binding 
BjMlie  citizens,  may  be  considered  to  have  lapsed,  even  if  it  has 
not  been  formally  superseded  by  another.  Were  these  conditions 
fulfilled  by  the   Rhode    Island   charter  as  it  was  operated   in    1841  ? 

The  first  settlement  within  the  colony  was  made  at  Providence, 
in  1636,  by  a  wanderer  fleeing  from  the  jurisdiction  of  Massachu- 
setts Bay.  Two  years  later  a  home  was  provided  at  Portsmouth, 
on  the  Island  of  Rhode  Island,  for  another  fugitive  from  Massa- 
chusetts. The  next  year  a  third  settlement  was  made,  at  Newport, 
by  seceders  from  Portsmouth.  In  each  of  these  towns  the  demo- 
cratic spirit  was  marked,  and  in  each  local  pride  engendered  a 
strong  feeling  of  jealousy  towards  the  other  towns.  In  1640  the 
two  towns  on  the  Island  entered  into  a  federation — each,  however, 
retaining  nearly  all  of  its  former  independence.'^^  Three  years  later 
the  three  towns  obtained  from  a  committee  of  Parliament  a  patent, 
entitled  an  "  Incorporation  of  Providence   Plantations  in  the  Narra- 


10  THE     DORR     WAR. 

gansett  Bay  in  New  England." ^^^  The  rivalry  was  strong  enough  to 
delay  the  acceptance  of  this  patent  and  the  formation  of  a  govern- 
ment under  it,  so  that  not  till  1647  was  sufificient  harmony  obtained 
to  enable  the  first  general  assembly  of  the  colony  to  be  held  at 
Portsmouth.  A  fourth  town,  Warwick,  was  then  admitted  to  the 
group,  and  a  legally  constituted  government  was  inaugurated.  Jeal- 
ousy, however,  soon  broke  out  again,  and  in  165 1  a  separation  took 
place  between  the  northern  or  mainland  colonies  on  the  one  hand 
and  the  southern  or  island  colonies  on  the  other.'^^  Providence 
and  Warwick  continued  the  government  under  the  patent  of  1643, 
while  Portsmouth  and  Newport  formed  a  confederation  under  a 
new  patent  obtained  by  Coddington.  Three  years  later  this  latter 
patent  was  waived,  and  a  reunion  took  place.'"*'  This  movement 
was  entirely  voluntary,  and  the  people  of  each  of  the  four  towns 
deliberately  chose  to  be  governed  under  the  patent  of  1643.  This 
federal  government  was,  however,  almost  a  nullity  in  practice,  as 
the  towns  continued  to  exercise  nearly  all  the  powers  which  they 
possessed   previous  to  the  formation  of  the  confederacy. 

Thus  matters  stood  when  the  Restoration  of  1660  took  place. 
Though  Rhode  Island  had,  in  some  respects,  less  to  fear  from  the 
accession  of  King  Charles  than  the  adjoining  colonies,  still  pru- 
dence suggested  to  the  little  colony  to  win  the  friendship  of  the 
new  king  if  possible.  Much  of  the  king's  hostility  to  the  northern 
colonies  would  doubtless  be  directed  against  the  New  England 
Confederacy,  from  which  Rhode  Island  had  been  ungratefully  ex- 
cluded. Yet  the  patent  of  1643  had  been  obtained  from  the  par- 
liamentary government  which  had  made  war  upon  the  king's  father, 
and  therefore  would  hardly  be  considered  legal  by  him  or  his  min- 
isters. Again,  the  hostile  attention  of  the  churchmen  around  King 
Charles  would  be  quickly  attracted  to  the  religious  liberty  prevailing 


THE     RHODE     ISLAND     CHARTER.  11 

in  the  colony.  For  these  reasons,  the  necessity  was  very  evident 
to  the  Rhode  Island  leaders  of  obtaining  the  goodwill  of  the  king 
at  the  outset,  and  seeking  from  him  a  new  charter  as  liberal  as 
could  be  obtained. 

Accordingly,  John  Clarke,  the  agent  of  the  colony,  was  com- 
missioned to  present  their  allegiance  to  the  crown  and  to  take  all 
possible  steps  to  secure  a  ratification  of  their  territorial  limits  in 
the  form  of  a  charter.  Mr.  Clarke  met  with  almost  wonderful 
success  in  his  undertaking  —  a  success  less  easy  to  explain  than 
that  of  Governor  Winthrop  of  Connecticut  a  year  earlier.  The 
charter,  evidently  patterned  after  that  of  Connecticut  so  recently 
issued,  was  dated  July  8,  1663,  and  was  immediately  sent  to  the 
colony.  The  first  portion,  or  preamble  (not  in  the  Connecticut 
charter),  referred  to  the  religious  position  of  the  settlements,  and, 
both  in  thought  and  wording,  was  noticeably  like  a  letter  sent  by 
the  agent  to  the  king.  This  resemblance,  and  the  fact  that  the 
Rhode  Island  Court  of  Commissioners  planned  to  send  definite 
instructions  to  the  agent,^"*^  have  led  some  writers  to  state  that  a 
draft,  which  formed  the  basis  of  the  charter,  was  drawn  up  in 
Rhode  Island  and  sent  over  to  Clarke.^"'  This  statement  seems 
very  doubtful,  especially  as  the  charter  proper  differs  so  slightly 
from   that   of   Connecticut,   granted   fifteen   months   earlier. 

The  anxiously  awaited  charter  reached  the  colony  in  November, 
1663,   ^^'^^   caused   great   rejoicing   in   each   of   the   four  settlements. 

("'  The  General  Assembly,  May  21,  1661,  appointed  a  committee  of  four  "for  the  drawinjje  up 
of  somethinge  to  consider  with  respecte  of  sending  a  man  for  England."  {Rliode  Island  Colonial 
Records,  I,  441.)  In  accordance  with  the  resolutions  prepared  by  this  committee,  the  Assembly 
resolved  that  selectmen  from  each  town  should  "draw  up  our  addresses  unto  his  majestic  in  all 
humble  manner,  by  way  of  petition,  in  terms  intreating  of  our  dutifull  prostration  at  his  royall  feett 
of  ourselves  and  services,  as  it  becometh  the  humble  subjecks  of  so  gracious  a  prince  ;  as  also  pro- 
cure the  Generall  Recorder's  hand  unto  the  sayd  addresses  in  the  name  and  behalfe  of  the  colony." 
{Idt'in,  I,  445.) 


12  THE     DORR     WAR. 

The  colony  commissioners  were  summoned  to  meet  at  Newport 
and  the  colonists  also  were  requested  to  be  present  in  large  num- 
bers. A  record  of  the  proceedings  of  this  assembly  reads  as  fol- 
lows : 

"  At  a  very  great  meeting  and  Assembly  of  the  Freemen  of  the 
Colony  of  Providence  Plantations,  at  Newport,  on  Rhode  Island,  in 
New  England,  November,  24,   1663, — 

"  The  above  said  Assembly  being  legally  called,  and  orderly  met 
for  the  solemn  reception  of  his  Majestyes  Gracious  Letters  patent 
unto  them  sent,  and  having  in  order  thereto  chosen  the  President 
Benedict  Arnold,  Moderator  of  the  Assembly, — 

"  It  was  ordered  and  voted  neminc  contradiccute, 

"  Voted  1.  That  Mr.  John  Clarke,  the  -colony  Agent's  letter  to 
khe  President,  Assistants  and  Freemen  of  the  colony  be  opened  and 
read,  which  accordingly  was  done  with  good  delivery  and  attention. 

"  Voted  2.  That  the  box  in  which  the  King's  gracious  Letters 
were  enclosed  be  opened,  and  the  Letters,  with  the  Broad  Scale 
thereto  afifixed,  be  taken  forth  and  Read  by  Captayne  George  Bax- 
ter, in  the  Audience  and  view  of  all  the  people ;  which  was  accord- 
ingly done  and  the  said  Letters,  with  his  Majestyes  Royal  Stampe 
and  the  Broad  Scale  with  much  beseeming  gravity  held  up  on  high 
and  presented  to  the  perfect  view  of  the  people,  and  so  returned 
into  the  Box  and  locked  up  by  the  Governor  in  order  to  the  safe 
keeping  it. 

"  Voted  3. .  That  the  most  humble  Thanks  of  this  colony,  unto 
our  gracious  Sovereign  Lord,  King  Charles  the  Second  of  England, 
etc.  for  the  high  and  Inestimable,  yea  incomparable  grace  and  favor 
unto  the  colony  in  giving  these  his  gracious  Letters  patents  unto 
us  ;  thankes  may  be  presented  and  returned  by  the  Governor  and 
Deputy-Governor  in  the  behalf  of   the  whole  colony. 

"  Voted  4.  That  for  present  and  until  the  colony  can  otherwise 
declare,  than  by  words  their  obligations  unto  the  most  honorable 
Earl  of  Clarendon,   Lord   High  Chancellor  of    iMigland,  for  his   Ex- 


THE     RHODE     ISLAND    CHARTER.  lo 

ceeding  great  care  and  love  unto  this  Colony,  as  by  our  Agent 
above  mentioned  hath  always  been  acknowledged  in  his  letters. 
The  Governor  and  Deputy- Governor  are  desired  to  return  unto 
his    Lordship   the   humble   thanks   of   the  whole   colony."  ^''^ 

After  the  establishment  of  the  government  under  this  charter, 
_which  had  thus  been  formally  accepted — or,  one  might  almost  say, 
adopted — by  the  colonists,  no  constitutional  or  revolutionary  change 
took  place  for  twenty-five  years.  Then,  for  a  short  time,  during 
the  Andros  regime  in  New  England,  Rhode  Island  was  deprived 
of  the  charter;  but,  after  its  restoration,  affairs  in  the  colony  went 
on  exactly  as  before,  and  political  conditions  remained  unchanged 
until  the  breaking  out  of  the  Revolution  of  1775.  The  charters 
of  Connecticut  and  Rhode  Island  were  already  so  liberal  and  dem- 
ocratic that  little  political  change  was  necessary.  The  only  step 
taken  to  change  His  Majesty's  colony  of  Rhode  Island  and  Provi- 
dence Plantations  into  a  free  and  independent  State  was  that  of 
formally  renouncing  allegiance  to  Great  Britain.**''  By  the  same 
act  direction  was  given  to  erase  the  name  and  titles  of  the  king 
from  all  commissions,  writs,  processes,  or  other  instruments,  from 
all  oaths,  and  from  the  names  of  all  courts,  etc.  This  act,  declar- 
ing independence,  was  passed  by  the  General  Assembly,  May  4, 
1776,  two  months  before  the  Declaration  by  the  United  Colonies 
at  Philadelphia.  It  made  no  change  in  the  government  of  the 
State  and  did  not  violate  the  wording  of  the  charter,  however  much 

C*)  This  account  is  printed  in  the  Minority  Report  of  the  Select  Committee  of  the  United  States 
House  of  Representatives,  to  which  the  "  Memorial  of  the  Democratic  Members  of  the  Rhode 
Island  General  Assembly"  was  referred.  This  report  is  commonly  called  "  Catisins  Report." 
House  Reports,  28  Cong.,  I  Sess.,  Ill,  No.  5S1,  pp.  50-52.  The  Majority  Report,  or  ''  Bitrkes 
Report,"  House  Reports,  28  Cong.,  I  Sess.,  Ill,  No.  546,  has  been  separately  published,  and  copies 
of  it,  though  rare,  are  still  obtainable.  These  two  reports  will  be  referred  to  as  Burke's  Report 
and  Cnusiii's  Report,  respectively.  See,  also,  .Arnold,  Rhode  Island,  I,  2S4  ;  RJtode  Island  Colonial 
Records,    1 ,    509. 


14  THE     DORR     WAR. 

it  may  have  been  in  opposition  to  its  spirit.  The  charter  was  not 
modified  in  any  way  by  the  ratification  of  the  Declaration  of  Inde- 
pendence by  the  State  of  Rhode  Island,  July  19,  1776,  when  the 
General  Assembly  solemnly  promised  to  support  the  General  Con- 
gress with  their  lives  and  fortunes. ^'^  Here,  as  well  as  in  the  act 
of  the  preceding  May,  the  action  was  taken  by  the  legislature  and 
not  submitted  to  the  people  for  adoption  ;  nor  was  any  other  con- 
stitution adopted  by  popular  vote  before   1842. 

In  February,  1778,  the  General  Assembly  sent  instructions  to 
the  three  "  Delegates  from  Rhode  Island  in  Congress "  recom- 
mending "  amendments  and  alterations  "  in  the  proposed  Articles  of 
Confederation,  which  they  deemed  of  very  great  importance ;  and 
yet  they  instructed  the  delegates,  even  in  case  of  the  rejection  of 
the  amendments,  "  not  to  decline  acceding,  on  behalf  of  this  State, 
to  the  Articles."®  The  people  of  the  State  had,  directly,  no  part 
in  this  ratification  of  the  final  national  Constitution ;  and  the 
Assembly  which  preferred  the  act  owed  its  existence  to  the  King 
Charles  charter.  The  adoption  of  the  Articles  of  Confederation  by 
the  thirteen  States  had  no  permanent  effect  upon  the  charter  of 
Rhode  Island,  for  they  were  soon  superseded  by  the  Constitution 
of  1787.  As  is  well  known,  Rhode  Island  ratified  this  Constitution 
in  due  form.  May  29,  1790,  after  a  protracted  struggle  of  more 
than  two  years. 

F"rom  this  brief  narrative  of  the  external  constitutional  chancres 
in  the  colony  and  the  State,  it  is  readily  seen  that  the  old  charter 
had  never  been  abolished  or  abandoned.  Government  continued 
under  it,  officers  took  oath  to  support  it,  and  nowhere  did  the 
people  show  any  signs  of  questioning  its  authority  or  legality. 
Neither  the  act  renouncing  allegiance,  nor  the  approval  of  the 
Declaration    of    Independence,    nor  the    acceptance    of   the   Articles 


THE     RHODE     ISLAND     CHARTER.  15 

of  Confederation,  nor  the  ratification  of  the  Constitution  of  the 
United  States,  can  be  said  to  have  repealed  or  seriously  altered 
the  charter  as  a  fundamental  law.  The  practical  effects  of  the 
ratification  of  the  Constitution  of  the  United  States  upon  the 
Rhode  Island  Charter  of  1663  must  have  been  exactly  identical 
with  its  effects  upon  the  Massachusetts  Constitution  of  1 780  — 
namely,  to  modify  but  not  to  abolish.)  The  proposition  is  clear, 
then,  that  up  to  June,  1790,  the  old  charter  remained  in  force; 
and  it  is  also  true  that  no  further  constitutional  change  took  place 
previous  to  the  year  1842,  Unless  the  colony  had  changed  the 
charter — directly  or  indirectly — by  some  ordinary  statute,  which 
would  not  attract  public  attention,  and  which  might  perhaps  be 
styled  an  amendment  to  the  charter,  then  the  King  Charles  char- 
ter must  be  regarded  as  a  written  constitution   in   1841. 

The  Charter  of  1663  {Appendix  A)  was  granted  to  the  ex- 
isting "  Colony  of  Providence  Plantations,  in  the  Narraganset  Bay, 
in  New  England,"  and  re-established  it  as  a  "  body  corporate  and 
politic"  under  the  title  of  "The  Governor  and  Company  of  the 
English  Colony  of  Rhode  Island  and  Providence  Plantations,  in 
New  England,  in  America."  It  provided  that  the  government  of 
the  colony  should  be  in  the  hands  of  a  governor,  a  deputy-gover- 
nor, ten  assistants,  and  a  General  Assembly  consisting  of  freemen 
chosen  from  the  different  towns,  together  with  the  above  officers. 
To  this  Assembly  was  given  authority  to  establish  such  other 
offices  and  choose  thereto  such  officers  as  might  seem  neces- 
sary,  together  with   entire  legislative  power  and  the  constitution  of  ^  >^* 

courts  of  jurisdiction.     Xh^'AQ-Ve  reign  power"  of  the  General  As--^'    .-r'  '  a/^' 
sembly.z::^ts_jp^ractica2_  control  over  all  the  branches   of  the  govern-    )/  "^  '  ' 

ment— -was   not_  merely  a  possibility,  but  was  to  a  marked   degree     '' 
a  reality.      There  was  under  the  charter  no  such  separation  of  the 


IG  THE     DORR     WAR, 

three  departments  of  government  as  is  common  in  our  State  con- 
stitutions ;  and  the  General  Assembly  exercised,  throughout  its  en- 
tire existence  under  the  charter,  an  almost  omnipotent  sway.  The 
governor  had  absolutely  no  official  authority  except  as  a  member 
of  the  Assembly,  and  acted  as  its  executive  agent,  merely  carrying 
out  its  orders.  The  judiciary  was  practically  under  the  control  of 
the  legislature  by  virtue  of  its  annual  appointment  by  the  Assembly. 
(The  two  most  noticeable  features  of  the  charter  related  to  the 
suffrage  qualifications  and  to  the  apportionment  of  the  representa- 
tion from  the  different  towns  in  the  Assembly.  These  are  impor- 
tant enough  to  warrant  exact  quotations  of  the  words  of  the  charter. 
-> "  They  [the  General  Assembly]  shall  have,  and  have  hereby  given 
and  granted  unto  them,  full  power  and  authority,  from  time  to  time, 
and  at  all  times  hereafter,  .  .  . ,  to  choose,  nominate  and  appoint, 
such  and  so  many  other  persons  as  they  shall  think  fit,  and  shall 
be  wilHng  to  accept  the  same,  to  be  free  of  the  said  Company  and 
body  politic,  and  them  into  the  same  to  admit."  "  Forever,  here- 
after, twice  in  every  year,  that  is  to  say,  on  every  first  Wednesday 
in  the  month  of  May,  and  on  every  last  Wednesday  in  October, 
or  oftener,  in  case  it  shall  be  requisite,  the  Assistants  and  such  of 
the  freemen  of  the  said  Company,  not  exceeding  six  persons  for 
Newport,  four  persons  for  each  of  the  respective  towns  of  Provi- 
dence, Portsmouth,  and  Warwick,  and  two  persons  for  each  other 
place,  town  or  city,  who  shall  be,  from  time  to  time,  thereunto 
elected  or  deputed  by  the  major  part  of  the  freemen  of  the  re- 
spective towns  or  places  for  which  they  shall  be  so  elected  or 
deputed,  shall  have  a  general  meeting  or  assembly,  then  and  there 
to  consult,  advise  and  determine,  in  and  about  the  affairs  of  the 
said  Company  and  Plantations."  These  two  sections  furnished  the 
basis  for  nearly  all   the   attacks   upon    the   charter  during   the  half- 


THK     RHODE     ISLAND     CHARTER.  17 

century  ending  in  1843.  Much  more  attention  was  paid,  on  the 
'wliole,  to  the  suffrage  clause  than  to  the  other,  though  the  de- 
mand for  a  reapportionment  of  the  representation  held  a  prominent 
position  in  all  the  discussions  and,  indeed,  antedated  the  demand 
for  the  suffrage  by  many  years.  These  provisions  need  a  careful >• 
exposition,  as  they  are  the  key-notes  to  the  whole  controversy. 
The  apportionment  article  is  simple,  and  its  practical  working 
is  easy  to  understand.  By  it  the  members  of  the  General  Assem- 
bly consisted,  in  1663,  of  the  Governor,  the  Deputy-Governor,  the 
ten  Assistants,  and  eighteen  Deputies.  The  latter  represented  the 
towns,  four  each  being  sent  from  Portsmouth,  Warwick,  and  Provi- 
dence, and  six  from  Newport,  while  the  other  ofificers  were  elected 
at  large,  thereby  representing  the  whole  colony.  It  may  be  said 
with  perfect  truth  that  this  apportionment  was  just  and  fair  to  each 
town  in  1663.  Newport  was  larger  than  the  others,  which  were  of 
nearly  equal  population  and  importance.  The  charter,  it  will  be 
noticed,  very  properly  assigns  two  Deputies  each  to  any  new  towns 
that  might  be  formed,  anticipating  that  these  would  be  weaker  and 
smaller  than  the  older  settlements.  This  assignment  of  Deputies 
was  a  permanent  apportionment,  however,  as  no  arrangement  was 
•  made  for  a  later  equalization  of  the  representation.  It  did  not 
occur  to  Englishmen  of  the  seventeenth  century  that  their  own 
borough  representation  was  defective,  and  that  membership  in  Par- 
liament should  be  allotted  to  the  boroughs  more  in  accordance 
with  their  importance ;  much  less  would  it  be  expected  that  they 
would  make  any  provision  for  such  a  possible  future  need  in  the 
colony  of  Rhode  Island.  The  number  of  Deputies  was  increased 
to  twenty  in  1669  by  the  formation  of  the  town  of  Westerly,  and 
before  1700  to  twenty -eight  by  the  addition  of  four  other  towns. 
The    nine   towns   at    the   beginning   of    the   eighteenth   century   had 


18  THE     DORR     WAR. 

become  thirty  at  its  close  —  furnishing  seventy  Deputies  to  the 
General  Assembly.  The  formation  of  the  town  of  Burrillville,  in 
1806,  increased  the  numbers  to  thirty-one  and  seventy -two,  respect- 
ively, at  which  point  they  remained  for  thirty-seven  years.  Thus, 
at  the  beginning  of  the  agitation  for  a  constitution,  in  1840,  the 
General  Assembly  consisted  of  the  Governor,  the  Deputy-Governor, 
and  the  ten  Assistants,  or  Senators,  chosen  by  the  freemen  at  large; 
and  the  seventy-two  Deputies,  or  Representatives,  chosen,  two  each 
from  twenty-seven  towns,  four  each  from  Providence,  Portsmouth, 
and  Warwick,  and  six  from  Newport.  Had  Newport  remained  the 
largest  town  in  the  State,  had  the  other  three  original  towns  re- 
tained comparatively  equal  populations,  and  had  none  of  the  new 
towns  become  more  important,  the  justice  of  the  representation 
might    never  have   been   questioned. 

Turning  to  the  other  important  provision  of  the  charter,  we 
find  that,  contrary  to  the  belief  which  prevailed  throughout  the 
country  in  1842,  and  is  generally  believed  to-day,  the  Charter  of 
1663,  granted  by  King  Charles  the  Second,  did  not  specify  the 
suffrage  qualifications  in  Rhode  Island.  Just  as  the  Constitution 
of  the  United  States  does  not  name  the  successor  to  the  presi- 
dency, in  case  of  the  inability  of  both  President  and  Vice-Presi- 
dent to  act,  but  leaves  it  to  Congress  to  make  rules  with  regard 
to  the  succession,  so  the  Rhode  Island  charter  placed  it  in  the 
hands  of  the  General  Assembly  of  the  colony  to  admit  as  freemen 
whomsoever  it  pleased.  There  was  nothing  in  this  word  "freemen" 
that  could  even  indirectly  cast  a  slur  upon  the  non-freemen.  By 
freemen  was  meant  simply  the  members  of  the  Company,  sharing 
its  rights  and  privileges  as  well  as  its  duties  and  obligations.  The 
non-freemen  were  merely  non-members,  and  held  a  position  in  the 
colony  on  the  whole  similar  to  that  of  unnaturalized  foreigners  in 


THE     RHODE     ISLAND     CIIAKTKR.  10 

the  United  States  to-day.  In  time,  as  the  Company  developed  into 
a  political  community,  the  freemen  came  to  be  considered  merely 
as  voters,  and  the  expression  non-freemen  became  identical  with 
non-voters. 

Among  the  first  acts  passed  by  the  General  Assembly,  as  early 
as  May,  1664,  was  one  limiting  the  right  to  vote  on  all  affairs  of 
the  Company  and  Plantations  to  the  freemen.^'"  This  was  purely 
formal,  merely  putting  into  the  form  of  a  law  the  unexpressed  but 
evident  intention  of  the  charter.  The  next  May,  the  General  As- 
sembly—  in  response  to  a  request  of  the  King's  Commissioners  — 
voted  that  "  so  many  of  them  that  take  the  aforesaid  Engagement, 
and  are  of  Competent  Estates,  Civil  Conversation,  and  Obedient  to 
the  Civil  Magistrate,  shall  be  admitted  freemen  of  this  colony,  up- 
on their  express  desire  therein  declared  to  the  General  Assembly, 
either  by  themselves,  with  sufficient  testimony  of  their  fitness  and 
Qualifications  as  shall  by  the  Assembly  be  deemed  satisfactory,  or 
.  .  .  by  the  Chief  Officer  of  the  Towne  .  .  .  where  they  live."*'"* 
The  next  year  the  Assembly  deputed  the  business  of  admitting 
freemen  to  the  several  towns,  merely  reserving  the  right  of  super- 
vision, which  was  seldom,  if  ever,  exercised.*"'  It  seems  probable 
that  the  requirements  of  the  law  as  to  "  Civil  Conversation "  and 
to  be  "  Obedient  to  the  Civil  Magistrate "  did  not  prevent  many 
applicants  from  being  admitted  as  freemen.  As  to  the  words 
"  Competent  Estates,"  no  action  was  taken  for  sixty  years  looking 
to  any  official  decision  as  to  the  requisite  size  of  a  competent 
estate. 

In  1723-4,  the  General  Assembly  passed  an  act  granting  ad- 
mission as  freeman  to  a  "freeholder  of  lands,  tenements,  or  here- 
ditaments in  such  town  where  he  shall  be  admitted  free,  of  the 
value  of  one  hundred  pounds,  or  to  the  value  of  forty  shillings  per 


20  THE     DORR     WAR. 

annum,  or  the  eldest  son  of  such  freeholder ;  any  act,  custom,  or 
usage  to  the  contrary  hereof,  notwithstanding."  ^'"-'  While  the  word- 
ing of  this  act  would  allow  any  town  to  refuse  the  rights  of  free- 
manship  even  to  those  possessing  real  estate  of  the  requisite  value, 
in  actual  practice  this  property  requisite  became  the  sole  qualifica- 
tion for  admission  to  the  privilege  of  the  suffrage.  The  relic  of 
i^  primogeniture  which  is  found  in  this  act  —  namely,  that  the  eldest 
son  of  a  freeman  is  exempted  from  the  property  qualification  —  con- 
tinued to  be  a  law  in  Rhode  Island  until  1843,  and  furnished  an 
additional  opportunity  for  criticism  of  the  "landed  aristocracy."  An 
act  of  1 742  is  of  great  significance  in  the  change  of  the  meaning 
of  the  word  freeman  from  that  of  a  membership  in  a  corporation 
to  that  of  a  person  possessing  the  right  to  vote.^''^'  In  substance, 
it  took  away  the  right  of  suffrage  from  those  freemen  who,  ad- 
mitted at  some  former  time,  did  not,  at  any  election,  possess  the 
requisite  real  estate.  In  other  words,  to  be  once  admitted  as  a 
freeman  did  not  convey  a  life  right  of  suffrage,  as  the  privilege  of 
voting  at  any  election  depended  upon  the  possession  of  tlVe  neces- 
sary amount  of  real  estate  at  that  particular  time. 

In  1729  the  one  hundred  pounds  test  was  increased  to  two 
hundred,  and  in  1746  to  four  hundred  pounds."^'  The  qualifica- 
tion continued  at  this  value  until  1 760,  when  it  was  placed  at  forty 
pounds. ^'^'  When  the  General  Assembly  revised  the  laws  in  1798 
—  the  English  money  system  having  gone  out  of  official  use  —  the 
value  of  the  requisite  real  estate  was  declared  to  be  one  hundred 
and  thirty- four  dollars,  or  a  rental  of  seven  dollars  per  annum. ^"''* 
It  was  permitted,  at  this  time,  that  the  property  should  lie  within 
the  State  ;  not,  as  before,  necessarily  within  the  town  in  which  the 
candidate  for  admission  as  a  freeman  presented  his  request.  In 
brief,  then,  the  qualification  was  at  first  one  hundred    pounds,  then 


THE     RHODE     ISLAND     CHARTER.  21 

two  hundred  pounds,  later  four  hundred  pounds,  then  forty  pounds, 
and  finally  one  hundred  and  thirty -four  dollars.  This  fluctuation 
is  at  first  sight  an  indication  of  fickleness  in  the  character  of  the 
Assembly,  but  an  explanation  has  been  given  which  appears  rea- 
sonable. It  is  claimed  that  real  estate  worth,  in  the  money  of  the 
day,  one  hundred  pounds  in  1723  would  cost  not  far  from  four 
times  as  much  in  1746,  and  still  be  of  about  forty  pounds  value 
in  1760.  At  any  rate,  it  is  certain  that  the  value  of  the  currency 
changed  between  1720  and  1760  in  much  greater  degree  than  is 
suggested   by  these  values  of  land. 

Such  are  the  most  important  features  of  the  Charter  of  1663 
as  interpreted  by  the  later  history  of  the  colony.  It  remains  to 
examine  some  of  the  acts  of  the  Assembly  which  have  sometimes 
been  described  as  contrary  to  the  charter  and  as  proofs  that  the 
charter  was  never  considered  binding  as  a  fundamental  law.  The 
first  is  the  statute,  already  described,  by  which  the  Assembly  in 
1666  delegated  to  the  separate  towns  the  right  to  admit  freemen, 
though  the  charter  placed  the  "  power  and  authority "  to  admit 
'persons  into  the  Company  in  the  General  Assembly  :  the  question 
is  merely  a  constitutional  doubt  as  to  the  right  or  power  of  a  leg- 
islative body  to  delegate  an  executive  act  to  another  subordinate 
body.  The  second  is  an  act  of  1669  granting  the  freemen  the 
choice  either  to  come  in  person  to  Newport,  on  the  first  Wednes- 
day in  May,  to  vote  for  the  general  of^cers  of  the  colony,  or  to 
send  a  proxy  vote  to  be  cast  in  their  stead, ^'"  apparently  in  viola- 
tion of  the  words  of  the  charter  directing  that  these  officers  shall 
be  chosen  "  by  such  greater  part  of  the  Company  ...  as  shall  be 
then  and  there  present."  Whatever  the  usurpation,  it  was  increased 
by  a  statute  of  1760,  taking  away  altogether  the  privilege  of  at- 
tending the  general  election  at  Newport  and  voting  there  ;  all  free- 


22  THE     DORR     WAR. 

men  were  henceforth  required  to  vote  in  their  respective  towns/'*^' 
These  two  acts  may  be  considered  merely  as  based  on  the  legal 
fiction  that  the  freemen  were  still  present  at  Newport  in  their 
proxies,  which  were  always  carried  there  to  be  counted  ;  or  they 
may  be  considered  amendments  to  the  charter,  adopted  by  the 
legislature  and  tacitly  accepted  by  the  freemen.  The  third  change 
was  brought  about  by  a  vote  of  the  General  Assembly,  in  1 796,  to 
sit  in  two  bodies  :^'^'  the  later  claim  that  it  thereby  ceased  to  be  a 
"  general  assembly "  in  the  sense  of  the  charter  is  hypercriticism, 
as  is  also  the  complaint  because  in  1798  the  Assistants  were  re- 
named Senators. ^'^^'^  Such  minor  details  are  almost  unworthy  of 
notice  and  hardly  deserve  the  name  of  amendments,  though  tech- 
nically they  are  changes  of  the  fundamental  law.  The  fourth  al- 
legation of  unconstitutional  action  is  the  statute  passed  by  the 
Assembly  providing  who  should  act  as  Governor  in  case  of  the 
Governor's  absence  :  though  the  charter  said  nothing  on  this  point, 
the  statute  is  surely  not  hostile  to  the  charter,^-"  Fifth,  the  reso- 
lution of  1 771,  refusing  the  right  of  appeal  to  the  king  in  council, 
unless  the  matter  in  controversy  were  worth  three  hundred  pounds, 
does  not  seem  to  have  been  usurpatory,  in  view  of  the  very  compre- 
hensive legislative  powers  which  the  Assembly  had  received  from 
the  charter :  "  Power  to  make,  ordain,  constitute  or  repeal  such 
laws,  statutes,  orders  and  ordinances,  forms  and  ceremonies  of  gov- 
ernment and  magistracy,  as  to  them  shall  seem  meet."^-"^* 

jf  Having  thus  eliminated  minor  questions  of  changes  in  procedujie 
and  organization,  we  are  ready  to  consider  whether  the  Rhode  Ig- 
land  charter  was  lawfully  the  Constitution  of  the  State  in  1840. 
Applying  the  criteria  mentioned  above,  we  must  accept  the  con- 
stitutional working  of  the  charter.  '  Plrst,  it  was  the  fundamental 
law :    except  for  a  few  amendments  of  slight   importance,   made  by 


THE     RHODE     ISLAND     CHARTER.  2^J 

legislative  acts  and  confirmed  by  the  tacit  consent  of  the  people, 
all  the  laws,  statutes,  ordinances,  and  acts  had  been  subordinate  to 
the  charter.  ^iSecond,  the  charter  contained  the  requisite  provisions 
for  the  formation  of  the  government  and  for  the  performance  of 
legislative,  executive,  and  judicial  functions.  Third,  the  charter  was 
accepted  by  the  "great  concourse"  of  freemen  when,  in  1663,  they 
received  the  document  with  "  great  joy."  Fourth,  the  charter  had 
been  continuously  acknowledged  by  the  later  inhabitants  of  the 
State,  and  it,  therefore,  had  never  lost  its  authority.  Though,  at 
infrequent  intervals,  complaints  had  been  made  against  the  charter, 
these  never  went  farther  than  words,  and  no  open  rebellion  or  se- 
cret opposition  had  ever  weakened  its  force. 

The  conclusion  is  inevitable  that  the  charter  granted  by  King 
Charles,  accepted  by  the  people,  creating  a  new  government  of  the 
colony,  remaining  unimpaired,  unimpeached,  supreme,  and  scarcely 
amended  for  nearly  two  centuries,  was  the  Constitution  of  the  State 
in  1840,  as  it  had  been  in  1663,  in  1776,  and  in  1790.  This  con- 
clusion—  reached  from  internal  facts  —  is  corroborated  by  external 
conditions.  Members  of  the  Continental  Congress,  Senators  and 
Representatives  in  the  United  States  Congress,  had  been  accepted 
without  question,  although  the  provisions  for  their  elections  were 
made  by  the  General  Assembly  sitting  in  accordance  with  the  reg- 
ulations of  the  charter.  The  President  of  the  United  States,  and 
the  National  Supreme  Court  as  well,  had  practically  acknowledged 
the  charter  Constitution  by  dealing  with  the  charter  government. 
Though  this  fundamental  question  of  the  constitutional  character 
of  the  charter  scarcely  needed  discussion  here,  it  has  given  an 
opportunity  to  place  the  document  in  its  proper  light,  to  explain 
and  illustrate  its  characteristics  and  workings,  and  to  bring  before 
us    the    original    causes    of    the    demand    for    a    constitution,    which, 


24  THE     DORR     WAR. 

after  many  years  of  ebb  and  flow,  culminated  in  the  Dorr  Rebel- 
lion and,  a  little  later,  in  the  adoption  of  the  present  Constitution 
of  the  State. 


AliTHORiiiKS. —  1  Arnold.  History  of  Rhode  Islaud,  I.  143.  2  Arnold,  I,  114-115.  3  Ar- 
nold, I,  238.  4  Arnold,  I,  251.  5  Arnold,  I,  279-280.  5  Potter,  Considerations  on  the  Rhode 
Island  Question,  5.  (J  R.  I.  Col.  Records,  VII,  522-526.  7  R.  I.  Col.  Records,  VII.  581-582. 
8  R.  I.  Col.  Records,  VIII,  364-365.  9  R.  I.  Col.  Records,  1 1,  58.  10  R.  I.  Col.  Records, 
II.    113;    Causins  Report,   53  11    Digest  of  1730,   16;    Arnold,    I,   237.         12    Digest  of  17S0, 

131  ;  Arnold,  II,  77-79.  13  A'.  /.  Col.  Records,  V,  57.  14  Digest  of  1730,  2og  ;  Digest  of 
1752,  12.  15  R.  r.  Col.  Records,  VI,  257.  16  Digest  of  1798,  114-126.  17  R.  I.  Col.  Records, 
II.  62.  18  R.  I.  Col.  Records,  VI,  256.  19  R.  I.  Col.  Records,  III,  313.  Compare  Id-'vi,  II, 
63.  144,  151.  181.  20  Digest  of  1798,  127.  21  R.  I.  Col.  Records,  II.  71.  22  R.  I.  Col. 
Records,   IV,   250. 


CHAPTER     III. 


EARLY     MOVEMENTS    FOR    A    CONSTITUTION. 

1775-1838. 

IN  the  war  of  words  which  broke  out  in  Rhode  Island  during/ 
the  summer  of  1842,  one  of  the  most  important  causes  of 
dispute  was  connected  with  some  previous  movements  for  a 
constitution  and  for  an  enlarged  suffrage.  The  most  extreme  view 
of  the  Suffragists  of  1842  was  well  presented  by  a  "  Member  of 
the  Boston  Bar,"  who  claimed  that  the  people  of  Rhode  Island 
had,  "for  more  than  forty  years,  been  quietly  endeavoring,  by  pe- 
tition and  appeal  to  the  legislature  of  the  State,  to  procure  for 
themselves  what  every  other  member  of  our  federal  republic  had 
long  possessed — a  constitution  ;  and  whose  prayers  [had],  for  nearly 
a  century,  been  alternately  refused  and  insulted."'^''*  Radically  op- 
posed was  the  view  held  by  many  of  the  leading  citizens  of  the 
State,  whose  ideas  were  thus  expressed  by  Francis  Wayland,  Pres- 
ident of  Brown  University  :  "  It  is  proper  to  add  that,  until  very 
lately,   it  has   been    really  doubtful   whether  a  change   was   actually 


C'  Review  of  President    WaylaiuVs  Discourse,  3.       This   brochure,   written   by  a   "  Member  of 
the  Boston  Bar,"  has  been  commonly  attributed  to  John  A.  BoUes. 
4 


26 


THE     DORR     WAR. 


desired  by  any  large  number  of  our  citizens.  Petitions  on  this  sub- 
ject were,  it  is  true,  several  times  presented,  but  they  never  seemed 
to  arise  from  any  strong  feeling,  nor  to  assume  a  form  that  called 
for  immediate  action.  It  has  really  been  a  matter  of  surprise  to 
me  that  the  question  awakened  so  little  attention."^"  It  is  impor- 
tant to  ascertain  which 
of  these  positions  more 
nearly  accords  with  the 
facts  of  history.  To 
understand  the  position 
of  the  non -freemen  of 
Rhode  Island  in  1842,  it 
is  necessary  to  trace  the 
history  of  the  various 
steps  which  had  been 
previously  made  in  behalf 
of,  and  in  opposition  to, 
a  more  liberal  constitu- 
tion and  a  freer  suffrage, 
and  to  ascertain  the 
strength  of  the  previous 
demand.  Could  the  non- 
freemen  claim  the  same 
right  to  inaugurate  a 
revolution  as  their  forefathers  undeniably  had  in  1776.'*  Could 
they  as  truthfully  say :  "  In  every  stage  of  these  oppressions  We 
have  Petitioned  for  Redress  in  the  most  humble  terms ;  Our  re- 
peated Petitions  have  been  answered  only  by  repeated  injury  .f*" 
The  years  of  the  American  Revolution  were  a  period  of  con- 
stitution-making throughout  the   Union.      Eleven   States  had  drawn 


TRANCLS    WAYLAND, 

I'RI-SIDKN  r    OK    BROWN    UNIVKKSITY,    1827   1855. 


EARLY    MOVEMENTS     FOR    A    CONSTITUTION.  27 

up  and  adopted  written  "  forms  of  government "  before  the  Federal 
Convention  promulgated  the  Constitution  of  the  United  States. 
Even  Connecticut,  while  satisfied  with  her  existing  charter  gov- 
ernment, deemed  it  best  to  take  the  formal  action  of  adopting  her 
charter  as  the  Constitution  of  the  State.  In  Rhode  Island  the 
matter  was  brought  up  in  the  legislature  in  September,  1777;  and 
an  able  committee  of  five,  headed  by  the  Deputy- Governor,  was 
appointed  "  to  form  a  Plan  of  Government  for  this  State."  The 
unsettled  condition  of  the  State,  due  mainly  to  the  presence  of  the 
British  forces  on  the  island  of  Rhode  Island  and  to  the  inevitable 
dread  and  uncertainty,  was  not  favorable  to  the  preparation  of  a 
new  constitution  ;  and,  since  the  State  did  not  need  any  different 
government  from  that  of  her  colonial  days,  no  further  record  has 
been  found  of  a  "  Plan  of  Government." 

Twenty  years  later,  in  1797,  the  idea  of  a  new  constitution  was 
again  presented,  but  met  with  the  adverse  action  of  the  General 
Assembly  in  a  form  and  for  reasons  of  which  no  record  has  been 
discovered.  ^^^  The  chief  interest  of  this  period  lies  in  the  Fourth 
of  July  oration  delivered  by  Colonel  George  R.  Burrill,  a  leading 
lawyer  and  a  brother  of  United  States  Senator  James  Burrill  —  an 
argument  in  favor  of  the  rights  of  the  majority  and  criticising  the 
charter  apportionment.  ^^^  "  Representation  always  supposes  propor- 
tion," says  the  orator.  "  Equal  representation  is  involved  in  the 
very  idea  of  a  free  government."  Burrill  had,  however,  come  to 
realize  that  any  change  in  the  government  would  be  difficult  to 
obtain.  "  To  petition  this  legislature  for  equal  representation  is  to 
require  the  majority  to  surrender  their  power — a  requisition  which 

('''  The  records  of  the  General  Assembly  of  a  hundred  years  ago  contained  no  allusion  to  bills 
that  failed  of  passage,  and  no  account  of  this  movement  has  been  found  in  the  newspapers  of  the 
day. 


28  THE     DORR     WAR. 

it  is  not  in  human  nature  to  grant."  Hence  he  saw  no  method 
left  but  to  ignore  the  General  Assembly  and  proceed  to  form  a 
constitution  without  its  aid.  This  movement  of  1797  failed  for 
lack  of  support,  and  nothing  further  is  heard  of  any  demand  for 
constitutional   tinkering  for  fourteen   years. 

An  enlargement  of  the  suffrage  was  proposed  in  181 1  which 
may  only  indirectly  be  called  a  demand  for  a  constitution,  inas- 
much as  it  seems  to  have  been  the  general  opinion  that  the  Gen- 
eral Assembly  had  entire  power  to  change  the  suffrage  qualifications 
by  virtue  of  the  provisions  of  the  charter.  An  act  was  proposed 
to  extend  the  suffrage  to  all  male  citizens,  twenty-one  years  of  age 
or  over,  who  paid  a  poll  or  property  tax  or  were  enrolled  in  the 
militia,  and  who  had  resided  in  the  town  for  a  year.  This  bill 
passed  the  Senate,  but  was  laid  upon  the  table  by  the  House.  ^'^^ 
The  final  action  was  preceded  by  a  long  debate,  in  the  course 
of  which  a  remarkable  petition  in  favor  of  the  bill  was  presented 
by  several  freemen. ^^^  Instead  of  the  usual  arguments  in  favor  of 
an  extension  of  the  suffrage,  the  petitioners  declared  themselves 
opposed  to  the  existing  qualifications  on  the  ground  that  they 
presented  an  opportunity  for  fraud.  In  order  to  manufacture  the 
one  hundred  and  thirty-four  dollar  real -estate  qualification  a  large 
landowner  would  give  a  quasi  life-lease  of  land  on  the  condition 
that  the  lease  should  be  forfeited  at  the  end  of  the  year  if  the 
rent  were  unpaid.  The  lessee  thus,  says  the  petition,  becomes  a 
freeholder  of  landed  property  which  he  does  not  use,  has  not 
purchased,  and  for  which  he  does  not  intend  to  pay  any  rent. 
The    petitioners    preferred    an    almost    universal    suffrage    to    a   suf- 


<'^^*  Both  bill  and  petition  are  said  to  have  been  prepared  by  John  Pitman,  later  United  States 
Judge  of  the  District  Court  of  Rhode  Island,  and  a  prominent  opponent  of  the  suffrage  movement 
of   1842.      Btirkes  Report,    206-209. 


EARLY    MOVEMENTS     FOR    A    CONSTITUTION.  29 

frage  thus  fraudulently  enlarged,  and  which  admitted  only  bribable 
votes.  ^*^^ 

In  1818,  after  a  long  and  thorough  discussion,  Connecticut  laid 
aside  her  charter  and  adopted  a  new  constitution.  The  influence 
of  this  agitation  was  evidently  felt  in  Rhode  Island,  since  as  early 
as  October,  1817,  a  tentative  resolution  looking  toward  a  constitu- 
tion passed  the  House  of  Representatives.^*^  By  this  bill,  a  com- 
mittee was  appointed  to  draft  a  call  for  a  "  Convention  of  the 
people  to  consider  the  expediency  of  forming  a  Constitution  for 
this  State."  The  committee,  within  a  few  days,  reported  a  call  for 
a  convention,  and  the  House,  after  a  full  debate,  postponed  consid- 
eration until  the  February  session,  though  it  ordered  that  the  call 
be  printed.  The  postponement  was  considered  at  the  time  "  tanta- 
mount to  a  rejection,"  a  prophecy  which  was  fulfilled,  inasmuch  as 
the  matter  was  not  brought  up  again  in  the  legislature  for  more 
than  three  years. 

Scarcely  a  word  of  complaint  is  to  be  found  during  this  inter- 
val, and  it  required  the  meeting  of  the  Massachusetts  Constitutional 
Convention  of  1820  once  more  to  interest  the  Rhode  Islanders  in 
the  matter.  This  time  the  movement  began  with  the  newspapers 
of  Providence,  in  editorials  and  communications,  all  of  which  criti- 
cised the  omnipotence  of  the  General  Assembly  or  the  subordinate 
position  of  the  State  judiciary.  No  mention  is  made  of  the  repre- 
sentative apportionment  nor  of  the  suffrage  qualifications.  As  a 
result  of  this  agitation  an  act  passed  both  houses,  without  opposi- 
tion, at  the   February  session,   182 1,  requesting  the  freemen,  at  the 


('''  No  record  has  been  preserved  of  the  debate  in  the  House,  but  the  feeling  of  conservative 
Rhode  Islanders  may  be  seen  in  the  brief  comments  of  the  newspapers  of  the  day.  "After  a  long 
debate,  in  which  the  evil  and  wickedness  of  the  bill  were  fully  discussed,  it  was  postponed  until 
next  session."     Rhode  Island  Ainerican,   March   5,    181 1  ;    Xcwport  Mercury,   March  9,    181  r. 


30  THE     DORR     WAR. 

regular  April  election,  to  cast  their  ballots  for  or  against  the  hold- 
ing of  a  Constitutional  Convention/*^*  Unfortunately,  the  question 
of  the  convention  became  involved  in  a  bitter  sectional  contest  over 
the  governorship.  For  more  than  thirty  years  the  governor  had 
been  a  Providence  man;  but,  in  1821,  William  C.  Gibbs,  of  New- 
port, was  elected  Governor  by  a  plurality  of  a  thousand  in  a  total 
vote  of  sixty-six  hundred.*'*  The  advocates  of  a  new  constitution 
belonged  mainly  to  the  Providence  party,  and  the  natural  result 
was  the  defeat  of  the  convention  :  out  of  3,500  votes  cast  on  the 
question,  1,600  were  in  favor  and  1,900  against  the  proposition.  ^^^ 
The  votes  in  favor  of  the  convention  came  almost  entirely  from 
the  northern   part  of  the  State.  **^* 

Except  for  a  brief  discussion  in  the  newspapers,*^*  in  September, 
182 1,  which  ceased,  however,  almost  as  soon  as  it  began,  the  next 
appearance  of  the  matter  was  in  January,  1822,  when  the  General 
Assembly  again  asked  the  people  their  wish  in  the  matter.*'*'*  No 
special  interest  seems  to  have  been  taken  in  the  question,  nor  in 
fact  in  any  political  matter.  The  convention  was  defeated  by  a 
majority  of  about  a  thousand  at  the  April  election,  when  the  total 
vote  for  governor  was  scarcely  over  two  thousand.*"*  The  Rhode 
Island  American  declared  that  "  in  the  present  state  of  political 
affairs "  the  defeat  was  "  a  source  of  congratulation  rather  than 
regret  to  many  of  the  warmest  friends  of  a  well-balanced  constitu- 
tion."*'"^* 

:v  In  spite  of  these  two  defeats  of  182 1  and  1822,  the  demand  for 
a  constitution  was  renewed  in  the  autumn  of  1823.  The  agitation 
led  to  the  appointment,  at  the  October  session  of  the  legislature,  of 


''•*  The  I'rovidence  county  vote  stood  1,100  to  200;  liristol  county,  177  to  8.  On  the  other 
hand,  in  Newport  county,  the  no  majority  was  about  8  to  i  ;  in  Washington  county,  7  to  i  ;  and 
in   Kent  county,   3  to  i.     Providence  Gazette,   May  9,   1821. 


EARLY    MOVEMENTS     FOR    A    CONSTITUTION.  31 

a  committee  of  ten  to  report  to  the  next  session  "  on  the  subject 
of  a  written  Constitution  for  the  State."  ^'^^  In  January,  1824,  a  bill 
was  reported  calling  a  "  Convention  for  the  purpose  of  forming  a 
written  Constitution  of  government  for  this  State."  ^"^  A  long  dis- 
cussion followed  a  motion  of  Asher  Robbins,  later  United  States 
Senator,  to  strike  out  the  main  section  of  the  bill  ;  the  principal 
arguments  against  the  convention  lay  in  the  fact  that  the  j)cople 
had  not  asked  for  it  and  the  presumption  that  they  did  not  want 
it.^^^  The  amendment  failed  by  a  vote  of  11  to  54,  and  the  bill 
calling  the  convention  was  passed.  During  all  the  discussion,  the 
only  suggestion  as  to  the  possible  content  of  a  new  constitution 
was  the  remark  of  Mr.  Hazard,  of  Newport,  that  he  would  be  will- 
ing to  vote  for  a  constitution  which  should  provide  a  fair  and  equal 
representation.  ^^^^ 

The  call  for  the  convention  limited  to  the  freemen  the  right  to 
choose  delegates,  and  apportioned  these  to  the  towns  in  equal  num- 
ber with  their  representatives.^"'^  These  two  features  of  the  call 
were  only  natural,  especially  as  there  does  not  seem  to  have  been 
any  demand  for  any  other  arrangement.  The  election  of  delegates 
was  set  for  the  April  town  meetings  ;  the  convention  was  directed 
to  meet  at  Newport  in  June  ;  and  the  constitution  formed  was  to 
be  ratified  by  a  three  -  fifths  vote  of  all  the  freemen  at  a  special 
election.  The  proposed  convention  aroused  little  interest  among 
the  people,  and  the  vote  for  delegates  was  light. ^''^  There  is  no 
way  of  ascertaining  the  exact  vote,  but  the  election  for  governor 
indirectly  shows  the  absence  of  enthusiasm.  ^^* 


C^The  Speaker  of  the  House,  Albert  C.  Greene,  later  Attorney-General  of  the  State  for  eigh- 
teen years,  suggested  that  if  the  people  did  not  want  the  convention  they  might  refuse  to  elect 
delegates.      Rhode  Island  American,  January  20,    1824. 

<fc'*  James  Fenner,  who  had  been  Governor  from  1807  to  1810,  was  elected  Ciovernor  again  in 
1824,  and  annually  re-elected  until   183 1  ;  he  was  again  entrusted  with  the  chair  in   1843  and  1844. 


32  THE     DORR     WAR. 

The  convention  met  as  directed,  June  21st,  1824,  and  on  July  3d 
issued  a  plan  for  a  constitution  of  the  usual  form:^^®*  it  distributed 
y  the  powers  of  government,  arranged  for  the  legislative,  the  execu- 
tive, and  the  judiciary  departments,  contained  a  Bill  of  Rights,  and 
provided  for  elections,  suffrage,  amendments,  etc.  No  change  of 
importance  was  made  in  the  suffrage  qualifications,  except  that  the 
eldest  son  of  a  freeholder  was  no  longer  exempted  from  the  real  es- 
tate requirement.  A  proposition  had  been  made  in  the  convention, 
by  Dutee  J.  Pearce,  to  extend  the  suffrage,  but  it  was  voted  down, 
three  votes  only  being  cast  in  its  favor. ^'^^  As  to  the  representa- 
tion, the  convention  tried  to  arrange  an  apportionment  which  should 
satisfy  large  and  small  towns  alike.  Leaving  the  election  of  the 
ten  Senators  as  it  had  been — that  is,  at  large — it  provided  for  the 
House  of  Representatives  a  scheme  of  proportionate  representa- 
tion.^''^ This  apportionment  would  have  furnished,  according  to 
the  census  of  1820,  a  House  of  Representatives  of  seventy-three 
members — six  towns  choosing  three  members  each,  Newport  four, 
Providence  five,  while  two  each  would  come  from  the  twenty-three 
other  towns.  It  would  be  a  matter  of  surprise  if  this  apportion- 
ment had  not  aroused  great  opposition  in  several  towns  and  if  it 
had  awakened  much  enthusiasm   in   any. 

The  State  remained  very  quiet  during  the  summer  and  early 
autumn  of  1824,  before  the  special  election  of  October.  The 
Providence  newspapers,  after  favorable  editorials  in  the  early  part 
of  July,  when  the  constitution  was  published,  were  willing  to  let 
matters    take    their  own    course.      The  question   before   the    people 

In  1824,  however,  he  received  but  2,100  votes  to  600  for  his  opponent,  a  total  little  more  than  one- 
third  that  of  the  election  of   1821.     Rhode  Island  Manual.   180G-7,  gy,  (jy,  102. 

'•'•  No  town  was  granted  more  than  seven  Representatives,  nor  less  than  two  ;  towns  having  over 
3,oo<j  inhabitants  were  assigned  three  Representatives  ;  over  5,000,  four  ;  over  8,000,  five  ;  over  12,000, 
six;  and  over  17,000,  seven. 


EARLY     MOVKMENTS     FOR     A     CCJNSTITUTKJN.  .'{^j 

was  quite  different  from  that  three  years  before:  in  1821  it  was  the 
desirabiHty  of  holding  a  constitutional  convention;  in  1824  it  was 
the  adoption  or  rejection  of  a  proposed  constitution.  In  1821  the 
referendum  was  taken  at  the  end  of  a  hotly-contested  gubernatorial 
campaign;  in  1824  no  extraneous  c(uestions  were  before  the  people 
which  might  confuse  their  vote  on  the  constitution.  The  number 
of  votes  at  a  special  election  would  be  less ;  but  this  would  be  off- 
set by  the  interest  which  might  be  expected  in  an  actually  submit- 
ted constitution. 

The  usual  vote  for  governor  from  1819  to  1829  was  under  3,000; 
in  1 82 1  the  total  vote  for  governor  was  6,602,  and  the  sum  of  the 
"  yes "  and  "  no "  votes  on  the  convention  reached  3,543 ;  in  April, 
1824,  2,751  votes  only  were  cast  for  governor, '^*^'  and  in  October 
4,792  ballots  expressed  the  opinions  as  to  the  constitution.  TJiese^i. 
figures  conclusively  show  that  the  interest  of  the  freemen  in  the 
constitutional  question  was  marked,  and  make  the  comparison  be- 
tween the  "  yes  "  and  "  no  "  votes  of  much  importance.  The  con- 
stitution received  1,668  votes  in  its  favor  and  3,206  against  it  — 
being  lost  by  a  vote  of  nearly  two  to  one. '"■''*  The  sectional  issue 
is  again  prominent — the  two  northern  counties  being  nearly  a  unit 
for  the  constitution,  while  the  three  southern  counties  were  strongly 
ranged  on  the  other  side.*'^  Inasmuch  as  there  has  come  down  to 
us  no  record  of  the  reasons  for  the  rejection,  we  can  only  surmise 
what  they  were:^'^     first,  natural  conservatism;  the  feeling  that  the 

('•Newport  county  gave  33  "yes"  out  of  1,095  votes;  Washington  county  recorded  70  "yes" 
out  of  793  ;  and  Kent  county  169  out  of  777.  Providence  county  gave  677  votes,  out  of  1,885, 
against  the  constitution  ;  the  comparatively  large  negative  vote  being  mainly  due  to  two  towns, 
Scituate  and  Foster,  that  adjoined  Kent  county.  Adding  the  vote  of  the  other  eight  towns  in  this 
county  to  that  of  Bristol  county,  we  find  265   "no"  votes  out  of  a  total  of   1,634. 

(J'  The  apportionment  clause  in  the  proposed  constitution  does  not  seem  to  have  noticeably  af- 
fected the  vote.  Providence,  Smithfield,  and  Bristol,  which  would  have  gained  in  representation, 
did  not  give  a  proportionally  greater  "yes"  vote  than  the  neighboring  towns;  and  the  towns  in 
5 


34  THE     DORR     WAR, 

charter  was  working  satisfactorily  and  that  no  change  was  needed  : 
second,  the  pronounced  rivahy  between  the  northern  and  the  south- 
ern counties  ;  the  demand  for  a  constitution  coming  mainly  from 
the  city  of   Providence. 

The  movements  in  favor  of  a  new  constitution  have  been  now 
traced  through  the  last  quarter  of  the  eighteenth  and  the  first  quar- 
ter of  the  nineteenth  centuries.  In  summing  them  up,  we  must 
conclude  that  little  consistency  was  shown  by  the  leaders  who  de- 
manded a  change.  They  do  not  seem  to  know  what  they  wanted  ; 
and  we  are  almost  tempted  to  declare  that  the  agitation  was,  for 
^  the  most  part,  the  result  of  a  mere  desire  for  change.  The  people 
of  the  State  seemed  to  have  but  little  real  interest  in  the  move- 
ment ;  and  it  is  evident  that  the  majority  of  the  voters  were  op- 
posed to  any  innovation,  while  the  non- freemen  were  seldom,  if 
ever,  heard  from.  Not  until  some  definite  plan  was  presented,  not 
until  the  agitators  were  certain  of  their  desires,  not  until  they  per- 
sistently and  consistently  urged  their  demands,  could  it  be  expected 
that  the  Rhode  Island  freemen  would  annul,  or  even  amend,  their 
time-worn  charter. 

The  whole  movement  for  a  constitution  now  underwent  an  entire 
change  :  suffrage  became  the  central  question  when  the  agitation 
was  resumed.  It  will  be  remembered  that  not  one  of  the  preceding 
attempts  to  obtain  a  constitution  had  been  made  by  those  desirous 
of  enlarging  the  franchise:  the  bill  and  petition  of  1811  were  for 
a  change  in  the  suffrage  qualifications  to  be  made  by  the  General 
Assembly,  and  not  for  a  constitution  ;  and  the  movement,  at  that 
time,  was  led  by  those  who  claimed  that  universal  suffrage  might 
offset  the  prevalent  fraudulent  voting.     As  these  men  subsequently 

the  southern  part  of  the  State,  which  were  accorded  an  extra  Representative,  gave  almost  a  unani- 
mous negative  vote. 


EARLY    MOVEMENTS     FOR    A    CONSTITUTION.  35 

showed  no  desire  for  an  increased  suffrage,  the  isolated  movement 
of  1811  may  well  be  ignored.  After  1825  the  agitation  was  wholly 
in  the  hands  of  the  suffragists.  At  first  their  cause  seemed  a  des- 
perate one  and  their  various  attacks  invariably  failed,  the  leaders 
deserting  the  cause  and  new  leaders  coming  to  the  front.  The 
struggle  was,  thereafter,  never  abandoned — although  there  were  sev- 
eral resting  spells — until  the  cause  finally  triumphed  in  1842-3.  A 
demand  that  the  freemen,  who  possessed  the  right  to  vote,  should 
gwe  this  privilege  to  a  large  class  of  non-voters  would  not  at  first, 
to  say  the  least,  be  likely  to  obtain  a  hearing.  Before  a  privileged 
class  can  be  prevailed  upon,  of  their  own  free  will,  to  admit  another 
large  group  to  a  share  in  their  advantages,  a  "  campaign  of  educa- 
tion "  is  always  necessary.  Years  of  agitation  and  the  clearly  ex-  v' 
pressed  desire  of  the  non- freemen  would,  inevitably,  be  necessary 
to  bring  about  so  radical   a  change. 

In  1829,  public  agitation  began  again  in  the  form  of  petitions 
to  the  legislature.  At  the  JVIay  session  of  that  year,  Mr.  Arnold 
presented  to  the  General  Assembly  a  memorial  from  998  citizens 
of  Providence,  of  whom  369  were  said  to  be  freeholders,*'"^  asking 
for  an  extension  of  suffrage.  Similar  memorials  were  presented 
from  about  300  people  of  Bristol,  Warren,  and  North  Providence, 
nearly  half  of  whom  were  claimed  to  be  freeholders.  These  were 
local  petitions,  it  is  true,  but  they  deserved  recognition  by  the 
legislature  ;  for  it  is  evident  that  a  large  minority,  at  least,  of  the 
citizens  of  Providence  would  favor  the  movement,  even  making  al- 
lowance for  the  carelessly  signed  names  which  are  found  on  almost 
any  petition.  The  629  non-freemen  of  Providence  also  deserved  to 
be  listened  to  respectfully,  even  though  they  had  no  legal  footing 
and  were  supported  by  no  special  backing.  The  House  referred 
the  memorials  to  a  committee,  of  whom  Benjamin  Hazard,  of  New 


56  THE     DORK     WAR. 

port,  was  chairman,  and  upon  which  was  but  one  member  who  had 
presented  memorials.  At  the  next  (June)  session  they  reported  ad- 
versely, and  the  petitioners  were  "  allowed  to  withdraw." 

The  report  of  this  committee — containing  about  15,000  words — 
was  evidently  drawn  by  the  chairman,  and  has  always  been  called 
"  Hazard's  Report." ^^'^^  Its  animus  toward  the  petition  may  be  seen 
from  the  opening  words  :  "  The  committee  .  .  ask  leave  to  report : 
That  they  find  nothing  in  these  memorials,  either  of  facts  or  of 
reasoning,  which  requires  the  attention  of  the  House.  If  there  is 
anything  noticeable  in  them  it  is  the  little  sense  of  propriety  mani- 
fested in  the  style  in  which  they  are  drawn  up."  The  committee 
continued  that  they  were  confident  that  the  people  of  the  State  did 
not  desire  to  introduce  the  "new  and  untried  system"  of  universal 
suffrage,  but  for  the  sake  of  the  citizens  who  have  not  this  confi- 
dence they  will  explain  the  subject  of  the  franchise.  The  most 
remarkable  feature  of  the  report  is  its  constitutional  doctrine.  It 
declared  that  the  legislature  had  no  power  in  the  matter  whatever: 
"  The  right  of  suffrage,  as  it  is  the  origin  and  basis  of  every  free 
elective  government,  so  it  is  the  peculiar  and  exclusive  prerogative 
of  the  people,  and  cannot,  without  infringing  that  prerogative,  be 
subjected  to  any  other  control  than  that  of  the  people  themselves. 
If  representatives  of  the  people,  chosen  for  the  ordinary  purpose  of 
legislation,  could  assume  a  control  over  this  right,  to  limit,  curtail, 
or  extend  it  at  will,  they  might,  on  the  one  hand,  disfranchise  any 
portion  of  their  own  electors ;  might  deprive  them  of  the  power  ever 
to  remove  them  ;  and  thus  reduce  the  government  to  a  permanent 
aristocracy.  .  .  Such  are  the  ordinances  which  our  ancestors  thought 
necessary  to  preserve  the  rights  and  liberties  of  themselves  and  their 
posterity;  by  preserving  the  elective  franchise  in  the  hands  of  the 
sound  part  of  the  community — the  substantial   freehold   inhabitants 


EARLY    MOVEMENTS     FOR    A    CONSTITUTION.  37 

of  the  State.  Had  they  not  a  right  to  adopt  these  jDrovisions  ? 
And  have  not  their  descendants,  and  those  whom  they  liave  asso- 
ciated with  them  in  conformity  to  those  provisions,  equally  a  right 
to  preserve  and  adhere  to  them  ?  .  .  Complainers  mistake  their 
right;  which  is,  a  right  to  qualify  themselves  as  the  laws  require — 
not  a  right  to  be  voters  without  such  qualifications."  The  rest  of 
this  document  consists  of  arguments  upholding  the  freehold  quali- 
fications, and  denouncing  democracy  as  the  curse  of  every  nation 
which  has  ever  yielded  to  its  charms.  In  spite  of  its  inconsisten- 
cies, in  spite  of  the  failure  to  treat  the  petitioners  respectfully,  the 
report  accomplished  its  purpose,  and  the  memorialists  were  unable 
to  do  anything  further.  The  suffrage  agitation  was  quiescent  for 
a  few  years  after  this  blow,  and  all  movements  for  a  constitution 
seemed  at  rest.  How  far  party  rivalries  affected  this  result  will 
be   discussed   in   the   next  chapter. 

In  1834,  for  the  first  time,  we  find  an  attempt  at  systematic'^ 
action  in  place  of  the  individual  movements  which  have  been  noted 
in  previous  years.  Before  attempting  to  make  any  effort  with  the 
legislature,  the  leaders  sought  to  mould  public  sentiment.  This 
was  done  in  various  ways,  but  special  trust  was  put  in  educating 
the  people  up  to  a  realization  of  the  need  of  a  new  constitution. 
Early  in  the  year  two  northern  towns  of  Providence  county,  Cum- 
berland and  Smithfield,  invited  the  towns  of  the  State  to  send  dele- 
gates to  a  convention  to  be  held  at  Providence,  "  to  promote  the 
establishment  of  a  State  Constitution." ^~^-  Providence,  North  Prov- 
idence, Cranston,  Johnston,  and  Burrillville,  as  well  as  Smithfield 
and  Cumberland,  responded  to  this  invitation  by  sending  delegates. 
Bristol  and  Warren,  of  Bristol  county,  were  represented,  and  also 
the  town  of  Newport.  These  delegates  from  ten  towns  met  Feb- 
ruary   23d,    1834,    and    organized    by    electing    Nathan    A.    Brown 


38  THE     DORR     WAR. 

president.  The  principal  business  done  was  the  appointment  of  a 
committee  of  five  to  prepare  an  "  Address  to  the  People  of  Rhode 
Island,"  and  to  report  at  an  adjourned  session,  which  was  held 
March  12th,  at  which  time  Scituate,  in  Providence  county,  and 
North  Kingstown,  in  Washington  county,  were  also  represented.''" 
The  masterly  report  of  this  committee  is  the  first  clear  state- 
/ment  of  the  position  of  those  who  desired  a  new  constitution ; 
boldly  attacking  the  charter  and  the  legislature,  it  is  throughout 
clear  and  unusually  logical,  and  seizes  upon  the  critical  points  with 
rare  judgment. ^^^'  It  was  a  document  of  more  value  for  its  purpose 
than  any  of  the  many  publications  which  the  greater  agitation  of 
eight  years  later  produced.  Even  those  who  most  bitterly  oppose 
its  theories  and  conclusions  must  acknowledge  its  merit  and  give 
due  credit  to  its  author,  Thomas  W.  Dorr,  who  thus  first  appears 
in   the  controversy. 

The  report  opens  with  a  declaration  of  loyalty  to  the  "  ancient 
sturdy  spirit  of  Rhode  Island  patriotism ; "  with  a  request  to  lay 
aside  all  party  predilections,  to  avoid  the  "too  much  man-worship" 
of  the  past  and  to  form  a  constitutional  party,  "  in  the  spirit  of 
concession  and  compromise  upon  matters  of  local  politics."  The 
claim  is  made  that  political  reforms  are  necessary  in  the  State  and 
can  only  be  obtained  by  a  written  constitution,  especially  as  the 
"discretionary  regulation  of  the  elective  right,  and  of  the  judicial 
system,  can  never  be  properly  and  safely  vested  in  the  legislature." 
Frequency  of  election  is  not  a  sufficient  safeguard  :  the  constitution 
should  be  the  fundamental  law  of  the  State,  coming  directly  from 
the  free  and  sovereign  people.  "  When  the  American  States  sev- 
ered the  political  tie  which  formerly  bound  them  to  Great  Britain, 


""  This  committee  consisted  of  Thomas  W.   Dorr,  Joseph   K.   Angeil,   David  Daniells,  William 
\\.   Smith,   and   Christopher  Robinson. 


EARLY    MOVEMENTS     FOR    A    CONSTITUTION. 


39 


all  obligation  to  acknowledge  obedience  to  a  British  charter  as  a 
constitution  of  government  was,  of  course,  dissolved ;  and  the  people 
of  each  State  were 
left  free  and  sover- 
eign." "  The  sover- 
eignty of  the  King 
of  England  passed, 
not  to  the  Gover- 
nor and  Company 
of  Rhode  Island, 
but  to  the  people  at 
large,  who  fought 
the  battles  of  the 
Revolution,  and  to 
their  descendants." 
"  That  the  people  of  /' 
Rhode  Island  retain 
their  inherent  right 
to  establish  (in  their 
original,  sovereign 
capacity)  a  con- 
stitution, cannot 
for  a  moment  be 
doubted." 

The  next  eight 
pages  are  devoted 
to  a  brief  resume  of 
the  character  of  the 
charter  as  an  instru- 
ment  of   govern- 


TEOMAS  W.  D  ORR  . 

Aged  about  35  Yeaxs 


^-^. 


40  THE     DORR     WAR. 

ment,  and  to  a  more  complete  statement  of  the  minor  defects  of 
the  charter  and  of  the  provisions  which  the  legishiture  had  changed. 
Six  pages  are  given  to  a  treatment  of  the  inequahty  of  the  repre- 
sentation, in  which  the  claim  is  put  forward  that  Rhode  Island  has 
not  a  republican  government  —  "a  government  resulting  from  the 
will  of  the  majority,  ascertained  by  a  just  and  equal  representation." 
Rather  the  government  is  that  of  "  an  oligarchy,  or  the  rule  of  a 
few."  The  demand  is  made  that  population,  considered  nearly  pro- 
portional with  wealth,  be  made  the  basis  of  apportionment. 

One- half  of  the  document  is  devoted  to  the  subject  of  the  ex- 
tension of  the  suffrage.  "  We  contend  that  a  participation  in  the 
choice  of  those  who  make  and  administer  laws,  is  a  natural  right, 
which  cannot  be  abridged,  nor  suspended  aiiy  farther  than  the 
greatest  good  of  the  greatest  n^imber  imperatively  regtiiresT  The 
exclusion  of  women  from  the  franchise  is  declared  to  be  right 
because  based  "  upon  a  just  consideration  of  the  best  good  of 
society  including  that  of  the  sex  itself."  The  justice  of  the  exclu- 
sion of  minors  is  discussed,  and  the  rule  that  twenty- one  is  a 
suitable  age  for  acquiring  the  right  of  the  suffrage  is  accepted. 
"  No  man  should  be  excluded  from  the  exercise  of  [the  suffrage], 
except  from  circumstances  of  unavoidable  necessity."  Arguments 
follow  that  the  landed  qualification  acts  unjustly  and  operates 
"  differently  from  what  it  did  in  early  times,"  and  is  also  opposed 
to  the  spirit  of  the  Constitution  of  the  United  States  and  to  the 
theory  and  practice  of  most  of  the  States.  Every  voter  ought  to 
show  some  sign  of  sufficient  honesty  and  intelligence  to  exercise 
the  privilege  consistently  with  the  best  good  of  the  whole  people: 
therefore  a  small  tax  as  a  requisite  for  voting,  and  a  distinction 
between  native  and  naturalized  voters,  and  a  strict  registration  of 
voters   are  suggested.      Then   comes    a  brief   discussion   concerning 


EARLY    MOVEMENTS     FOR     A    CONSTITUTION.  41 

improvements  in  the  judiciary,  especially  urging  life  tenure  and 
competent  salaries  for  the  judges.  In  closing,  the  people  are  urged 
to  call,  through  their  representatives,  a  convention  to  frame  a  "lil> 
era!  and  permanent  constitution,"  and  the  report  requests  the  legis- 
lature, "which  has  imposed  a  landed  qualification  not  spoken  of  in 
the  charter,  ...  to  suspend  it,  for  the  single  purpose  of  facilitating 
the  exercise  by  the  people  of  the  great,  original  right  of  sovereignty 
in  the  formation  of  a  constitution." 

The  convention  and  its  report  met  with  a  response  from  the 
legislature,  at  its  June  session,  1834,  ^^'''^  and  it  issued  a  call  for  a 
convention,  worded  very  much  like  that  of  1824.  As  many  dele- 
gates were  to  be  chosen  by  the  towns  as  they  had  representatives, 
and  in  the  usual  manner.  The  hint  that  a  broader  suffrage  be 
granted  for  the  occasion  was  ignored  in  arranging  both  for  the 
election  of  delegates  and  for  the  voting  on  the  constitution,  if 
formed.  The  convention  met  as  called,  September  ist,  and  started 
upon  its  work ;  but  the  sessions  were  noted  for  the  absence  of 
interest,  and  frequent  lack  of  a  quorum.  After  a  few  days  it  ad- 
journed until  November,  then  again  until  February,  1835,  and  finally 
to  June,  when  its  members  simply  did  not  come  together,  and  it 
thus  expired. 

From  the  very  beginning  this  convention  was  doomed  to  failure. 
There  was  not  even  the  interest  shown  that  had  been  manifested 
ten  years  before.  Many  of  the  delegates  thought  that  the  labor  of 
framing  a  constitution  would  be  uselessly  expended.  They  remem- 
bered that  the  same  demand  had,  in  182 1,  1822,  and  1824,  been 
distinctly  and  completely  rejected  by  the  freemen.  Apparently  the 
leaders  in  the  movement  thought  that  they  had  chosen  a  very  op- 
portune time  to  bring  up  their  proposition :  when  neither  party 
had  a  safe   hold   on   the   State,  it   might  be   expected   that  at  least 


42  THE     DORR     WAR. 

one,  if  not  both,  of  them  would  make  a  bid  for  the  new  voters. 
The  inability  to  elect  a  governor  the  year  before,  and  the  unusual 
number  of  seven  candidates  for  Representative  to  Congress,  indi- 
cates a  period  of  political  dissatisfaction.  But  the  hopes  of  the 
suffragists  were  in  vain  ;  neither  party  gave  them  any  assistance, 
and  their  attempt  to  form  a  new  party,  definitely  pledged  to  a  con- 
stitution, was  a  failure  from  the  beginning. 

<f^  Two  definite  movements  toward  universal  suffrage,  in  connection 
with  a  new  constitution,  had  now  been  made :  the  first  by  peti- 
tions  from  four  towns,  including  freemen  and  non-freemen  ;  the 
second  from  a  convention  of  delegates  from  about  a  third  of  the 
towns,  nearly  all  in  the  northern  part  of  the  State.  For  the  dis- 
mal failures  of  both  attempts  two  reasons  may  be  given  :  the  free- 
men, as  a  rule,  had  no  desire  to  extend  the  suffrage,  and  it  was 
not  to  be  expected  that  they  should  have  ;  the  sectional  character 
of  the  demand  also  tended  to  create  a  prejudice  in  the  other  sec- 
tions from  the  start.  The  attempt  of  1834  was,  hence,  premature: 
the  "  campaign  of  education "  had  not  been  complete  enough  to 
overcome  the  traditions  of  generations. 

Undoubtedly  the  non-freemen  desired  the  franchise,  and  realized 
the  fact  that  men  like  themselves  had  the  ballot  in  almost  every 
other  Stale.  But  they  were  powerless  :  they  could  not  vote  suffrage 
to  themselves ;  they  had  petitioned,  but  they  had  been  laughed  to 
scorn:  they  had  obtained  a  convention,  but  it  simply  fell  to  pieces; 
they  had  no  newspapers  to  speak  for  them  :  they  were  debarred 
from  urging  their  point  at  town  meetings ;  they  had  not  succeeded 
in  forming  any  kind  of  organization.  Therefore  they  were  practi- 
cally unable  to  make  their  desires  known.  The  freemen  had  not, 
as  yet,  really  been  impressed  with  any  clear  notion  of  their  legiti- 
mate demands.     The  failure  in   1834  was  evidently  decisive  against 


EARLY    MOVEMENTS     FOR    A    CONSTITUTION.  43 

the  constitutional  party,  even  though  it  struggled  along  for  a  few 
years  and  went  so  far  as  to  nominate  two  candidates  for  Represen- 
tatives to  Congress  in  1837.^'^  The  party  and  the  movement  were 
dead;  and  when  a  new  attempt  was  begun,  the  leaders  of  1834  de- 
clined, for  a  long  time,  to  have  anything   to  do  with  it. 

We  are  now  prepared  to  come  to  some  conclusion  as  to  the 
dispute  between  President  Wayland  and  the  "  Boston  Lawyer."  It- 
seems  very  evident  that  the  latter  was  entirely  wrong  in  speaking 
of  any  strong  demand  for  a  voice  in  the  government  as  coming 
from  the  non- freemen  previous  to  1829.  Beginning  with  that  date 
we  find  a  change.  The  landless  residents  began  to  awaken  to  a 
desire  for  what  are  called  their  political  rights.  But  there  had 
not  been  sufificient  time  to  reach  anything  like  the  desired  result: 
the  first  lessons  had  been  learned,  and  the  movement  was  destined 
to  advance  more  rapidly  when  next  taken  up.  The  conclusion  is 
inevitable  that  President  Wayland  was  very  nearly  right.  It  might 
have  been  "  a  matter  of  surprise  that  the  question  had  awakened 
so  little  attention,"  but  before  1840  there  was  no  definite  general 
demand  for  a  change.  The  movements  had  all  been  irresponsible 
and  had  not  shown  a  strong  feeling  of  injustice. 

(')At  this  election,  Thomas  \V.  Dorr  received  72  votes,  and  Dan  King  25,  out  of  a  total  of  7,615. 
Rhode  Island  Mamial,  1896-7,   160. 

Authorities.— 1  Wayland,  T/te  Affairs  of  Rhode  Island,  14.  2  Burke  s  Report,  271-274. 
3  Rhode  Island  American,  Mar.  5,  1811.  Newport  Mercury,  Mar.  9,  iSii.  4  Xcaport  Mer- 
cury,  Nov.  i,  1817.  5  Manufacturers  and  Farmers  Journal,  Nov.  27,  Dec.  11,  Dec.  25,  1S20; 
Jan.  II,  Jan.  14,  Feb.  19,  1821.  Rhode  Island  American,  Feb.  13,  1821.  Providence  Gazette,  Jan. 
24,  27,  31;  Feb.  ID,  17,  24;  March  3,  1821.  See,  also.  Turner,  Report  of  The  Trial  of  Thomas 
W.  Dorr,  77.  6  Manufacturers  and  Farmers  Journal,  March  I,  1S21.  Rhode  Island  American, 
Feb.  27,  Mar.  2,  1821.  Providence  Gazette,  Feb.  28,  1821.  7  Rhode  Island  Manual,  lSO'j-7,  99. 
8  Idem,  126.  9  Rhode  Island  American,  Sept.  14,  28,  1821.  Manufacturers  and  Farmers  Journal, 
Sept.  17,  1821.  Providence  Gazette,  Sept.  22,  1821.  10  Manufacturers  and  Farmers  Journal, 
Jan.  28,  Feb.  4,  1822.  11  Rhode  Island  Manual.  1S9G-7,  126.  See,  also,  Manufacturers  and 
Farmers  Journal,  Apr.  22,  1S22.  12  Rhode  Island  American,  Apr.  23.  1S22.  l.'J  Manufactur- 
ers and  Farmers  Journal,   Nov.  II,    1823.        14:   Providence  Gazette,  Jan.    17,    182^.      A'hode  Island 


44  The   dorr   war. 

American,  Jan.  20,  1824.  15  Providence  Gazette,  Jan.  17,  1824.  16  Burke's  Report,  642-643. 
17  Rhode  Island  American,  Apr.  16,  1824.  18  Burke's  Report,  209-219.  Providence  Gazette, 
July  10,  1824.  Manufacturers  and  Farmers  Journal,  July  12,  1824.  Rhode  Island  American, 
July  9,  1824.  19  Burkes  Report,  722.  20  Rhode  Island  Manual,  1S96-7,  99.  21  Manufac- 
turers and  Farmers  Journal,  Nov.  4,  1824.  Rhode  Islatid  Manual,  1S96-7,  127.  22  Rhode  Island 
American,  May  12,  1829.  23  Burke's  Report,  377-401.  See,  also,  Providence  Journal,  May  21, 
22,  1841.  24  Burke's  Report,  151.  25  Address  to  the  People  of  Rhode  Island  from  the  Convention 
assembled  at  Providence,  Feb.  23  and  March  12,  1834  :  To  Promote  the  Establishment  of  a  State 
Constitution.     Burke's  Report,    151-1S5.        20  Burke's  Retort,   643-644. 


CHAPTER     IV. 


THE     RHODE    ISLAND    SUFFRAGE    ASSOCIATION. 

WHEN  the  question  of  an  enlargement  of  the  suffrage  first 
came  into  prominence  in  1829,  the  poHticians  had  no 
wish  to  increase  the  number  of  their  constituents;  for 
they  knew  what  to  count  upon  and  could  not  calculate  the  effect 
of  a  large  additional  voting  list.  The  personal  popularity  of  James 
Fenner  kept  him  in  office  until  1829,  but  the  next  year  his  elec- 
tion was  hotly  contested,  and  in  1831  he  was  defeated  by  Lemuel 
H.  Arnold,  the  Whig  candidate.  In  1832  the  ascendency  of  the 
Whigs  was  threatened ;  the  two  parties  were  evenly  matched,  while  a 
thousand  independents  prevented  an  election  of  governor,  although 
five  attempts  were  made.  Though  the  State  gave  its  electoral  vote 
to  Clay,  the  Whigs  lost  the  governorship  and  did  not  regain  it 
until  1838.  The  early  defeats  of  the  suffrage  clause,  therefore,' 
seem  not  due  to  either  party,  but  rather  to  the  marked  indiffer- 
ence or  conservatism  of  the  average  voter.^'^^ 

("'  In  January,  1833,  the  legislature  chose  Asher  Robbins.  a  Whig,  to  be  United  States  Senator, 
giving  him  41  out  of  the  78  votes  cast.  In  November  of  the  same  year  the  newly-elected  Assem- 
bly showed  the  change  of  sentiment  politically  by  declaring  the  previous  election  void  and  choos- 
ing Elisha  R.  Potter,  a  Democrat,  Senator.  (K/iodi-  Island  Manual,  1S40-7.  39  )  The  United 
States  Senate  refused  to  give  the  seat  to  Potter  and  declared  Robbins  legally  elected.  (Senate 
Journal,   i  Sess.  23  Cong.   1833-34,  page  285  ) 

/ 


46 


THE     DORR     WAR. 


In  1839  neither  party  was  able  to  elect  its  candidate  for  gov- 
ernor, and  the  Whig  representatives  received  but  a  slight  plurality 
over  the   opposing  candidates.     It   would   not   be   accurate  to   place 

Rhode  Island  in  either  po- 
litical camp  during  this 
decade,  but  Whig  principles 
were  proving  more  attract- 
ive throughout  the  country, 
and  Rhode  Island  felt  the 
tidal  wave. 

In  election  of  April,  1840, 
the   Whio^s  elected   Samuel 
Ward   King  their  governor 
by    a     plurality    of     nearly 
fourteen  hundred  votes  over 
Thomas    F.  Carpenter    and 
carried   nineteen  of   the 
thirty-one  towns.*''     The 
House  had   a  Whig  major- 
ity of  two  to  one*'^^  and  the 
General    Assembly  chose   a 
Whig   senator,    James    F.    Simmons.       In    the    national    election    in 
November,    General   Harrison  received  about   5,000  votes  in  a  total 
vote  of  8,000.  *^' 


LEMUEL     H.    ARNOLD. 


""  The  twelve  towns  that  had  Democratic  majorities  chose  each  two  representatives,  making 
twenty-four  in  all.  or  one-third  of  the  entire  membership.  The  strong  Democratic  towns,  at  this 
time,  were  Burriliville,  Glocester,  Foster,  Scituate,  Charlestown,  Exeter,  and  North  Kingstown. 
'I'he  close  towns  were  Tiverton,  West  (jreenwich,  Richmond,  Ilopkinton,  Jamestown,  New  Shore- 
ham,  and  Coventry.  These  towns,  for  the  most  part,  were  entirely  agricultural,  and  remote  from 
the  centres,  such  as  Providence,   Newport,    liristol,  and  Warwick. 

'■'"'  Newport  Afrrcury,  Nov.  7,  1840.  Eight  towns  only  gave  a  majority  for  President  Van 
Buren  :   Purrillville,   (llocester,  Scituate,  Foster,  Exeter,  Richmond,  North   Kingstown,  and  Tiverton. 


THE    RHODE     ISLAND    SUFFRAGE     ASSOCIATION. 


47 


Such  were  the  political  conditions  in  the  winter  of  1 840-1. 
Not  only  was  the  Whig  party  victorious  in  the  nation,  with  a  ma- 
jority in  both  branches  of  Congress ;  in  the  State  of  Rhode  Island 
national  political  interests  predominated  over  State  interests  in  a 
way  unusual  in  that  community :  the  senators  and  representatives 
had  been  chosen  with  reference  merely  to  their  national  political 
preferences,  and  there  was  every  reason  to  believe  that  the  Whigs 
would  vote  almost  as  a  unit  on  most  of  the  matters  that  would 
come  before  the  State  government. 

On  the  other  hand,  the  Democratic  party  was,  apparently,  in  a 
forlorn  condition,  about 
to  lose  all  control  of  the 
national  government,  and 
already  driven  out  of 
power  in  State  affairs.  In 
the  campaigns  of  1840  the 
Democratic  rank  and  file 
had  shown  very  little  en- 
thusiasm ;  they  had  never 
before  known  what  an 
overwhelming  defeat  was; 
it  seemed  to  them  that 
their  party  was  doomed, 
and  they  knew  not  in 
what  direction  to  turn. 
In  the  spring  of  1841  the 
Democrats  failed  to  nomi- 
nate candidates  either  for 

governor  or  for   Representatives  to  Congress,  and  the  Whig  candi- 
dates were  elected  by  default.  *^^ 


JAMES     F.     SIMMON'S. 


48  THE     DORR     WAR. 

The  first  appearance  of  the  question  of  suffrage  and  constitu- 
tions, after  the  final  collapse  of  the  previous  agitation  in  1838,  was 
in  an  "  Address  to  the  citizens  of  Rhode  Island,  who  are  denied 
the  right  of  suffrage,"  which  appeared  in  January,  1840,  in  a 
brochure  of  eight  pages,  purporting  to  come  from  the  "  First 
Social  Reform  Society  of  New  York."  In  this  address  we  find 
a  development  of  the  propositions  that  had  been  made  forty  years 
earlier  by  Colonel  Burrill ;  a  definite  scheme  is  set  before  the 
readers  by  which,  in  spite  of  the  opposition  of  the  government, 
a  liberal  constitution  might  be  obtained. 

An  important  part  of  the  address  was  the  "  preliminary  sugges- 
tions as  to  holding  a  State  Conventionr  It  advised  the  holding  of 
primary  meetings  to  call  a  convention,  to  name  the  time  and  place, 
and  to  apportion  the  number  of  delegates  from  each  county  and 
town.  It  advised  that  all  male  citizens  over  twenty-one  years  of 
age  should  be  allowed  to  vote  for  delegates,  and  that  lists  of  such 
voters  should  be  kept,  "duly  certified  by  those  appointed  to  receive 
the  votes,  and  appended  to  the  credentials  of  the  delegates."  The 
next  step  suggested  was  that  the  assembled  delegates  should  count 
the  votes  cast,  and  if  "  the  whole  number  of  votes  cast  exceeds  the 
whole  vote  of  the  previous  general  election  for  Representatives  to 
Congress,  then  the  convention  will  unquestionably  represent  the 
majority  of  the  people,  and  will,  therefore,  as  unquestionably  have 
the  sovereign  right  to  frame  a  constitution  for  the  State."  Having 
framed  a  constitution,  they  should  appoint  time  and  manner  of 
electing  State  and  congressional  officers.  Then  the  members  of 
Congress,  thus  elected,  might  claim  their  seats  at  Washington, 
"  and  the  responsibility  would  then  devolve  upon  Congress  of  de- 
ciding whether  members  from  a  majority  of  the  people,  elected 
under  a  Republican  Constitution,  framed  by  the  people  themselves, 


THE     RHODE    ISLAND    SUIKRAGE    ASSOCIATION.  40 

shall  have  seats  in  the  councils  of  the  nation,  or  members  from  an 
incorporated  body  of  land  Lords,  and  their  eldest  sons,  who,  by 
virtue  of  a  royal  charter,  are  stockholders  of  the  elective  franchise, 
and  of  the  government." 

It  will  be  interesting  to  see  how  far  this  novel  jjroposition  was 
followed.  At  first  there  seemed  to  be  an  inherent  promise  of  suc- 
cess :  if  the  non-freemen  were  numerous  enough,  or  if  they  could 
find  sufficient  freemen  who  sympathized  with  their  movement, 
there  seemed  no  reason  why  they  could  not  induce  Congress  to 
acknowledge  the  legality  of  a  new  constitution.  So  far  as  the 
preliminary  course  of  action  went,  the  advice  was  gladly  received; 
but  when  the  time  came,  the  proposed  appeal  to  Congress  was 
not  made. 

This  address  was  distributed  broadcast  throughout  Rhode  Island, 
and  soon  came  to  the  notice  of  the  newspapers.  The  Whigs  iden- 
tified it  wath  the  Van  Buren  New  York  Democracy,  and  claimed 
that  it  indicated  the  desires  of  the  Democrats  of  Rhode  Island, 
even  if,  perhaps,  it  were  not  prepared  by  them.  ^^'  This  charge 
the  Rcptiblicaii  Herald — the  Democratic  organ  —  denied  "in  the 
most  solemn  and  unequivocal  terms."  ^^^  Instead,  it  claimed  that 
the  Democracy  of  Rhode  Island  was  "  firmly  attached  to  the  present 
laws  regulating  the  elective  franchise.  .  .  .  For  our  own  part  w^e 
view  the  proffered  advice  and  interference  of  any  body  of  men  in 
New  York  with  the  political  affairs  of  our  State  as  an  indecent 
and  unwarrantable  assumption  ;  and  as  the  New  York  Evcnino 
Post  has  had  the  kindness  to  volunteer  to  republish  the  above- 
named  pamphlet  in  its  columns,  we  should  esteem  it  quite  as  much 
an  act  of  kindness  should  the  Post  give  us  light  on  the  origin  of 
it."  However,  the  belief  was  very  strong  that  the  "  Address  "  was 
prepared   in    Rhode    Island,   and    that    the   so-called   Social    Reform 


50 


THE     DORR     WAR. 


Society  was  either  a  myth,  or  was  used  in  the  interest  of  Rhode 
Islanders  who  were  about  to  inaugurate  a  suffrage  movement. 
How  much  influence  the  address  had  in  shaping  the  movement 
in  the  State  cannot  be  determined ;  but  the  close  connection  be- 
tween the  proposition  and  the  movement  itself  is  quite  remarkable. 
^Acting  in  accordance  with  this  advice,  the  Rhode  Island  Suffrage 
Association  was  organized  in  the  autumn  of  1840  by  certain  inhab- 
itants of  Providence,  for  the  purpose  of  inaugurating  a  new  agita- 
tion for  a  constitution   with   freer  suffrage.      Many,  if  not  most,  of 


SUFFRAGE    MEDAL. 

(collection    of    CHARLES    GORTON.) 


the  members  were  non- freemen,  ^''^  This  was  soon  followed  by  the 
establishment  of  the  Woonsocket  Suffrage  Association,  and  by 
other  similar  suffrage  societies  throughout  the  State.  •'^^  Before  the 
spring  of  1841  nearly  every  town  in  the  State  had  an  organization 
of  this  kind. 

The  plan  of  these  societies  was  from  the  beginning  in  accord 
with  the  propositions  of  the  address  before  described.  The  Rhode 
Island  Suffrage  Association  issued  a  Declaration  of  Principles,  which 
was  generally  adopted  by  the  societies. ^^^  In  this  declaration,  the 
propositions  were  laid  down  that : 


THE    RHODE    ISLAND    SUFFRAGE    ASSOCIATION.  51 

(1)  All  men  are  created  free  and  equal ; 

(2)  Possession  of  property  should  not  create  political  advantages 
for  its  holder ; 

(3)  That  every  body  politic  should  have  for  its  foundation  a  bill 
of  rights  and  a  written  constitution  ; 

(4)  That  Rhode   Island  had  neither; 

(5)  That  the  charter  lost  its  authority  when  the  United  States 
became  independent ; 

(G)  That  every  State  is  entitled  to  a  republican  form  of  gov- 
ernment ; 

(7)  That  any  State  is  anti-republican  which  keeps  a  majority  of 
of  the  people  from  participating  in  its  affairs  ; 

(8)  That  by  every  right,  human  and  divine,  the  majority  should 
govern ;  and 

(9)  That  the  time  had  gone  by  for  submission  to  most  unjust 
outrages  upon  social  and  political  rights. 

These  propositions  led  to  the  resolutions  : 

(1)  "  That  the  power  of  the  State  should  be  vested  in  the  hands 
of  the  people,  and  that  the  people  have  a  right,  from  time  to  time, 
to  assemble  together,  either  by  themselves  or  their  representatives, 
for  the  establishment  of  a  republican  form  of  government ; 

(2)  "That  whenever  a  majority  of  the  citizens  of  this  State, 
who  are  recognized  as  citizens  of  the  United  States,  shall,  by  their 
delegates  in  convention  assembled,  draught  a  Constitution,  and  the 
same  shall  be  accepted  by  their  constituents,  it  will  be,  to  all  intents 
and  purposes,  the  law  of  the  State." 


\/- 


52  THE     DORR    WAR. 

It  will  be  seen  that,  from  the  outset,  the  leaders  of  the  suffrage 
movement  proposed  to  ignore  the  legally  constituted  government  of 
the  State.  They  did  not  intend  merely  to  agitate  the  question,  to 
^"  h^  "educate"  the  people,  to  furnish  means  by  which  an  expression  of 
the  desires  of  the  people  could  be  obtained.  Rather,  it  was  their 
plan  to  prepare  the  people  for  a  peaceful  revolution.  They  would 
make  use  of  what  they  called  the  "  original  sovereign  right  of  the 
people  "  to  ignore  all  previous  forms  of  government,  to  lay  aside  all 
allegiance  to  the  existing  order,  and  to  evolve,  at  their  own  pleasure 
and  in  their  own  method,  a  new  government  which  should  suit  their 
convenience.  The  germ  of  this  doctrine  was  destined  to  grow  until 
it  led  to  the  complications  of  the  next  year. 
4-  It  cannot  be  too  strongly  urged  that  the  suffrage  agitation  in 
Rhode  Island  in  the  early  forties  was  not  begun  by  either  party.  ^^^ 
The  Whig  newspapers  kept  entirely  aloof  from  the  movement;  they 
were  absorbed  in  the  presidential  campaign  and  had  no  thoughts 
for  any  such  outside  matters.  The  Democratic  papers  also  ignored 
the  matter  until  the  November  election  was  over.  The  leaders, 
both  Democratic  and  Whig,  as  a  rule,  refused  to  have  anything 
to  do  with  the  agitation,  even  during  the  year  1841.  Nevertheless, 
the  organizers  of  this  new  movement  would  seem  to  have  wisely 
chosen  the  time  for  their  agitation  :  the  Democratic  party  through- 
out the  country  had  been  the  "  party  of  reform,"  so  far  as  the 
franchise  was  concerned  :  as  soon  as  the  Rhode  Island  Democrats 
should  have  recovered  from  the  stunning  blow  which  they  had  re- 
ceived in  the  elections,  the  suffrage  leaders  hoped  that  they  would 
grasp  the   opportunity   to   make  a   strong  bid   for  support,  liowever 

'■"  As  an  illustration  of  the  non-partisan  character  of  the  movement,  it  may  be  noted  that  the 
president  of  the  Woonsocket  Suffrage  Association  was  an  ardent  Democrat,  while  the  secretary  was 
a  thorough  Whig.     Burke's  Report,  247.     (Testimony  of   Welcome    H.   Sayles.) 


THE    RHODE    ISLAND    SUFFRAGE    ASSOCIATION.  53 

indifferent  they  had  been,  when  in  power,  to  the  wrongs  of  the 
non-treemen.  These  hopes  were  doomed  to  disappointment,  for 
the  Democratic  party  did  not  ofBcially  ally  itself  with  the  move- 
ment. 

The  effect  of  the  election  of  1840  was,  nevertheless,  soon  ap-^ 
parent.  The  Republican  Herald,  in  spite  of  its  strong  statement 
in  the  previous  winter  against  any  change,  began  gradually  to  feel 
its  way  toward  an  expression  of  sympathy  with  the  suffragists,  and, 
two  days  after  the  election,  editorially  remarked:'^'  "There  are  at 
least  14,000  men  in  Rhode  Island  who  had  not  the  privilege  of 
voting  for  President  of  the  United  States,  on  Monday  last  —  men 
who  in  all  respects  are  equal  to  those  who  enjoyed  that  privilege  — 
and  who,  had  they  lived  in  any  other  State  of  the  Union,  could 
have  exercised  the  inestimable  right  of  freemen.  They  are  de- 
prived of  the  right,  because  they  are  not  land-owners."  The  angry 
feeling  of  the  defeated  party  was  still  further  shown  ten  days  later, 
in  another  editorial,  in  which  the  thought  was  brought  forward  that 
the  election  might  have  been  different  if  the  14,000  had  voted;  and 
that  even  if  defeat  had  still  been  encountered,  it  would  have  been 
much  pleasanter  to  realize  that  it  had  come  in  a  vole  of  "the  whole 
people  and  not  a  select  few  merely."  ^^^  The  editor  then  offered  to 
throw  open  his  columns  to  a  discussion  upon  the  subject  of  a  freer 
suffrage. 

The  suffrage  associations  wisely  determined  to  keep  free  from 
entangling  alliances  with  either  of  the  great  parties,  and  decided  to 
estabh'sh  an  oflficial  organ  for  themselves.  November  20,  1840,  the 
first  number  of  the  New  Age  appeared  in  Providence,  and  devoted 
its  leading  editorial  to  a  word  of  advice  "  to  the  Non  -  Freeholders 
of  Rhode  Island."  It  considered  that  the  time  —  immediately  after 
the  great  political  excitement  of  the  national  election — was  particu- 


54  THE     DORR     WAR. 

larly  appropriate  for  a  consideration  of  the  unrepresented  thousands 
who  were  deprived  of  the  privilege  of  voting,  by  the  discrimination 
of  the  charter  and  subsequent  legislation.  In  brief,  it  claimed  that 
"  the  present  system  of  franchise  in  Rhode  Island  is  unjust,  inas- 
much as  it  concedes  privileges  to  a  certain  wealthy  class,  thereby 
tending  to  build  up  among  us  an  aristocratic  class,  with  special 
privileges  and   immunities." 

About  the  first  of  December  the  association  held  a  meeting, 
which  voted  that  the  association  would  "  support  the  paper  entitled 
the  Nciu  Age  for  the  term  of  three  months."  A  committee  of  two 
from  each  ward  in  the  city  of  Providence  was  appointed  to  "  collect 
subscriptions  and  act  as  agents  for  the  paper."  The  New  Age  ap- 
peared weekly,  and  each  number  was  carefully  prepared  for  the  pur- 
pose of  leading  its  readers  on  step  by  step.  The  issue  of  December 
4,  1840,  contained  an  editorial  entitled  "  What  We  Want,"  which 
was  a  disquisition  on  the  use  made  by  the  paper  of  the  term  "  uni- 
versal suffrage."  While  claiming  that  the  personal  opinion  of  the 
editor  was  that  no  07ie  should  be  excluded  from  the  right  to  vote, 
it  suggested  that  the  qualifications  then  existing  in  Massachusetts 
—  payment  of  a  poll  tax  and  residence  within  the  town  —  made  a 
close  approach  to  universal  suffrage.  It  concluded  the  editorial 
with  the  advice  that  a  convention  of  the  ivhole  people  be  called 
"  to  put,  in  a  clear  and  decisive  form,  an  exposition  of  the  wants 
of  the  non -freeholders."  The  next  issue  of  the  paper  restates  the 
belief  of  the  editor  in  the  ris^ht  of  universal  suffrage,  but  acknowl- 
edged  that  this  opinion  had  received  a  severe  condemnation  from 
the  suffrage  associations,  and  that  the  explanation  of  the  willing- 
ness of  the  editor  to  abide  by  the  decision  of  the  convention  had 
not  proved  satisfactory  to  his  "  keepers."  This  was  a  sufficient 
hint  that  the  committee  on  printing  of  the  Rhode   Island  Suffrage 


THE     RHODE    ISLAND    SUFFRAGE    ASSOCIATION.  bo 

Association  claimed  the  right  of   control   over  the   principles  which 
the  paper  should  set  forth. '''^ 

The  agitation  was  now  fairly  under  way,  and  preparations  were 
made  for  a  vigorous  "campaign  of  education,"  to  be  carried  on 
early  in  the  year  1841.  Communications  now  began  to  ap})ear  in 
the  other  newspapers  of  the  State,  most  of  them  anonymous,  and 
few  presenting  any  new  or  important  material.  One  writer  did  sug- 
gest a  feasible  plan  of  operations,  and  showed  the  position  which 
the  leaders  were  ready  to  assume  when  the  right  moment  arrived:*'"* 
"I  would  first  propose  to  call  a  general  convention  of  all  the  'free- 
holders and  non -freeholders '  in  favor  of  adopting  a  constitution  for 
this  State,  and  then  appoint  a  committee  in  every  town  to  call  on 
every  freeman,  and  take  the  names  of  all  those  who  will  pledge 
themselves  to  support  such  a  measure  ;  and  if  there  is  a  minority 
of  them  (which  no  doubt  there  will  be),  then  to  make  up  the  de- 
ficiency from  among  the  non -freeholders,  w^ho  will  qualify  them- 
selves expressly  for  this  purpose  by  a  purchase  of  i?i34  of  real 
estate.  Could  this  be  done  everything  would  go  smoothly  without 
a  civil  revolution  between  our  present  Lordly  Freemen  and  their 
vassals,  and  save  a  deal  of  time  and  political  acrimony.  I  am  for 
trying  all  peaceable  means  first,  by  the  ballot  box,  to  effect  this 
object;  and  should  that  fail,  I  would  then  say,  'We  the  people' 
wz//  have  a  constitution  for  this  State,  and  rise  in  the  majesty  of 
our  strength,  form  a  constitution  and  establish  a  government." 


(e)This  committee  consisted  of  Asa  W.  Davis,  James  Stone,  Jesse  Calder.  Augustus  Arnold, 
W.  C.  Thayer,  W.  C.  Spencer.  James  Manchester,  J.  M.  Wheeler,  Benjamin  Arnold,  James  A. 
Smith,   Edwin   Field,   and  Colonial    Hopkins. 

Authorities.  — 1  N^ewport  Mercury,  Apr.  iS,  1840;  Rhode  Island  Manual,  lS'J6-7.  102. 
2  /(/lode  Island  Manual  1896-7,  102.  3  Providmce  Journal,  Jan.  29.  Feb.  5,  JS40.  4  R,pul<- 
lican   Herald,    Feb.    i,    1S40.         5    Burkes  Report,    \b,    loS,    247,    724  (J    Burkes  Report,   247. 

7  Burke's  Report,  108-109,  403-404;  Xew  Age,  Feb.  19,  1841.  S  Republican  Herald,  Nov.  4. 
1840.       9   Idem,   Nov.    14,   1840.        10   Neiv  Age,   Dec.   25,   1840 


CHAPTER    V. 


TWO    CONVENTIONS    CALLED. 

TT   is   evident   that    the   suffrage   associations    had    no   confidence 
that  any  help  would  come  from  the  legislature  ;  when  the  right 
time  came  it  was  their  intention  to  ignore  the  government  and 
<}''   act  independently  of  it.     Nevertheless,  there  were  some  ardent  agita- 
tors who  deemed   it   best   to   make   one  more   trial,  and  the  follow- 
ing petition  was  prepared  and  published  in  the  official  organ :  "^ 

"  To  the  Honorable  the  General  Assembly  of  the  State  of  Rhode 
Island  :  The  undersigned,  inhat|itants  and  citizens  of  the  State  of 
Rhode  Island,  would  respectfully  represent  to  your  honorable  body, 
that  they  conceive,  that  the  dignity  of  the  State  would  be  advanced, 
and  that  the  liberties  of  the  citizens  better  secured,  by  the  abroga- 
tion of  the  Charter  granted  unto  this  State  by  King  Charles  the 
Second  of  England,  and  by  the  establishment  of  a  constitution 
which  should  more  efficiently  define  the  authority  of  the  Executive 
and  Legislative  branches,  and  more  strongly  recognize  the  rights 
of  the  citizens. 

"  Your  petitioners  would  not  take  the  liberty  of  suggesting  to 
your  honorable  body,  any  course  which  should  be  pursued,  but 
would  leave  the  whole  affair  in  your  hands,  trusting  to  the  good 
sense  and  discretion  of  the  General  Assembly. 


TWO     CONVENTIONS     CAI.I.KD.  57 

"  Your  petitioners  would  further  represent  to  the  General  As- 
sembly, that  they  conceive  that  an  extension  of  the  suffrage  to  a 
greater  portion  of  the  white  male  residents  of  the  State,  would  be 
more  in  accordance  with  the  spirit  of  our  institutions,  than  the 
present  system  of  the  State  and  for  such  an  extension  they  ask. 
Your  petitioners  would  not  suggest  any  system  of  suffrage,  but 
would  leave  the  matter  to  the  wisdom  of   the  General  Assembly. 

"  Upon  both  the  prayers  of  your  petitioners,  they  would  ask  the 
immediate  and  efificient  action  of  the  General  Assembly,  and  as  in 
duty  bound  will  ever  pray." 

The  New  Age,  in  commenting  editorially  upon  this  petition, 
jmade  the  important  concession  that  there  could  be  no  doubt  of  the 
right  of  the  legislature  to  amend  the  laws  of  the  State,  among  them 
that  establishing  the  suffrage  qualifications,  which  had  already  been 
"  from  time  to  time  altered  and  amended  at  pleasure."  '-'*  At  the 
same  time  the  editorial  took  occasion  to  reaffirm  a  belief  in  the 
"  right  of  the  people  to  assemble  in  convention,  and  raise  their 
voice  in  the  work  of  reform."  "  We  wish  to  regain  our  rights  and, 
as  the  easiest  way  of  so  doing,  we,  in  respectful  terms,  ask  of  the 
freeholders,  through  their  representatives,  that  they  be  restored.  If 
^r  request  is  refused,  there  is  no  reason  why  other  steps  should 
not  be  taken  to  regain  that  which  has  been  taken  from  us.  If  a 
thief  steals  my  property,  there  is  no  impropriety  in  my  first  asking 
him  to  return  it,  and  if  he  refuses,  I  shall  have  to  take  other  meas- 
ures to  obtain  my  own."  The  petition  was  respectfully  worded,  but 
this  explanatory  editorial  was  not  calculated  to  win  votes  in  favor 
of  acceding  to  the  request  of  the  petitioners. 

..J'he  petition  was  received  by  the  General  Assembly  and  at  once  ^ 
laid  on  the  table,  from  which  it  was  never  taken. <'^^     This  action  has 
been  condemned  by  many  writers  :    for  instance,  the  "  Boston  Law- 


58  THE     DORR     WAR. 

yer "  stated  that  "  the  petitions  were  insultingly  passed  by  without 
any  notice,  or  action,  on  the  part  of  the  Assembly." '^^  The  temper 
of  the  legislature  cannot  be  fully  understood'''^  without  some  discus- 
sion of  the  reception  of  a  memorial  from  the  town  of  SmJthfield, 
at  the  same  January  session,  which  was  presented  and  referred  to 
a  select  committee,  of  which  Asher  Robbins  was  chairman/'''  The 
<^'' memorial  prayed  the  General  Assembly  to  "take  the  subject  of  the 
extreme  inequality  of  the  present  representation  from  the  several 
towns  under  consideration,  and,  in  such  manner  as  seems  most 
practicable   and   just,   to   correct  the   evil   complained   of.'"*'' 

The  committee  reported  that  the  regular  and  rightful  way  of 
obtaining  the  object  prayed  for  was  by  a  convention  of  the  free- 
men, and  presented  the  resolution  "  that  it  be  recommended  to  the 
freemen  of  the  State,  at  the  several  town  meetings  in  April,  to  in- 
struct their  representatives  as  to  their  wishes  for  a  State  Convention 
to  frame  a  new  Constitution  for  this  State,  in  whole  or  in  part,  with 
full  powder  for  that  purpose." ^^'  After  much  discussion  and  a  recom- 
mittal of  the  resolution,  it  was  voted  to  call  a  convention  without 
the  preliminary  process  of  asking  the  freemen  to  make  known  their 
desires  in  the  matter.  On  February  6,  1841,  the  General  Assembly 
passed  the  act  calling  a  convention  to  frame  a  new  constitution,  in 
whole  or  in  part ;  "  and,  if  only  for  a  Constitution  in  part,  that  said 
Convention  have  under  their  special  consideration  the  expediency  of 
equalizing  the  representation  of  the  towns  in  the  House  of  Repre- 
sentatives."^®' The  freemen  were  requested  to  choose  delegates  at 
the  August  election,  and  the  convention  was  appointed  for  Novem- 
ber, at  Providence.      The  call  directed  that  the  result  of  the  work 


'"' Elisha  R.  Potter,  Representative  in  Congress  from  Rhode  Island,  declared,  in  a  speech  in  the 
Flouse,  tliat  the  name  which  headed  this  list  of  581  petitioners,  Eiisha  Dillingham,  was  that  of  a 
man  wiio  had  been  in  the  Massachusetts  state  prison  for  eighteen  years.      Potter,  Considerations,   7. 


TWO     CONVENTIONS     CAI.I.KD.  50 

of  the  convention  should  be  submitted  to  the  freemen  at  whatever 
time  it  should  deem  best.  It  was  also  provided  that  the  votes  of 
the  people  should  be  counted  by  the  General  Assembly,  and  that 
the  constitution,  or  amendments,  should  go  into  effect  if  approved 
by  a  majority  of  the  freemen  voting. 

The  vote  of  the  representatives  calling  this  convention  is  signif- 
icant:  T^y  in  favor,  i6  against;  and  i8  absent  or  not  voting,''-"  of 
whom  12  were  probably  in  favor  of  the  measure;  while  3,  at  least, 
of  the  negative  votes  were  due  to  objection  to  particular  features  of 
the  bill.'"'*  The  actual  majority  in  favor  of  granting  the  request 
and  calling  a  convention  was,  therefore,  something  like  three  to 
one ;  and  among  the  members  of  each  party  a  majority  was  in 
favor  of  the  bill.'^' 

It  will  be  seen  that  the  legislature,  in  giving  this  direct  rej^ly 
to  the  Smithfield  memorial,  indirectly  answered  the  Dillingham 
petition.  The  memorial  asked  for  a  reapportionment:  a  conven- 
tion was  summoned,  and  it  was  especially  directed,  whatever  it 
chose  to  do  or  refrain  from  doing,  to  rectify  the  apportionment. 
The  petition  asked  for  a  new  constitution :  the  call  for  a  conven- 
tion was  a  step  in  the  direction  of  obtaining  such  a  result.  The 
petitioners  also  desired  an  extension  of  the  franchise :  a  new  con- 
stitution would  be  likely  to  define  the  suffrage  qualifications,  and 
the  General  Assembly  tacitly  left  the  question  of  the  franchise  to 
the  convention.  Apparently  the  General  Assembly  had  fully  an- 
swered both   memorial  and  petition. 

The  position  taken  by  the  suffragists,  im.mediately  after  the  pas- 
sage of  this  call,  is  shown  by  an  editorial  as  follows:*"'  "Though 
we  have  but  little  confidence  in   the  results  of  the  deliberations  of 


('■'Of  the  49  Whig  members  in   the    House,    28   voted    "yes,"    9   "no,"    and    12   were   absent; 
of  the   Democrats,    9  voted    "yes,"   7   "no,"   and   6  were  absent  —  22   in   all. 


60  THE     DORR     WAR. 

the  Convention  ordered  by  the  General  Assembly,  yet  the  very  fact 
that  such  a  Convention  has  been  ordered  proves  conclusively  that 
there  is  a  growing  disposition  on  the  part  of  the  freeholders  of  the 
State  to  consider  and  remedy  the  abuses  of  its  government.  There 
has  been  a  time  when  a  petition  like  the  one  of  Smithfield  would 
have  been  quietly  laid  upon  the  table.  But  the  General  Assembly 
know  that  it  would  not  do  at  this  late  day  to  pass  over  in  contempt 
a  document  of  such  character.  As  for  this  Conve7ition  for  the  fram- 
ing of  a  Constitution,  which  they  have  called,  we  do  not  suppose 
it  will  do  anything  for  the  advancement  of  freedom  in  our  State. 
It  will  be  seen  that  the  representation  in  the  Convention  will  be 
nothing  more  than  a  representation  of  freemen,  and  taking  this 
into  view,  it  will  be  only  the  General  Assembly  elected  over  again, 
and  therefore  we  have  no  more  to  hope  from  such  a  body  than  we 
have  from  the  General  Assembly.  Of  course  the  over- represented 
towns  will  send  their  quota  of  representatives,  and  the  under -rep- 
resented towns  will  be  voted  down  in  precisely  the  same  manner 
as  if  the  General  Assembly  had  themselves  taken  up  the  question 
of  a  Constitution.  We  are  of  the  opinion  that  the  whole  affair 
will  result  precisely  as  did  the  last  attempt  of  the  kind.  These 
contradictions  only  show  the  necessity  of  the  people's  taking  the 
matter  into  their  own  hands.  They  are  the  persons  most  inter- 
ested in  the  result ;  it  is  no  partial  body  of  freemen  who  take  an 
interest  in  the  result.  If  then  the  General  Assembly  will  not  meet 
the  wants  of  the  people,  nor  in  all  probability  will  a  Convention 
acting  under  them,  it  is  high  time  tJicy  took  the  matter  into  their 
own  hands,  resolved  if  they  cannot  obtain  redress  of  their  griev- 
ances in  the  ordinary  way,  they  will  take  extraordinary  measures 
to  obtain  it." 


TWO     CONVENTIONS     CAI.I.KD.  01 

The  suffragists  had  not  forgotten  the  defeats  of  1824  and  1834, 
and  conceived  that  the  coming  convention  offered  no  prospect  of  a 
^  better  result.  Hence  they  continued  the  agitation,  as  though  the 
legislature  had  not  voted,  except  that  the  convention  seems  to  have 
stimulated  them  to  greater  energy,  and  the  movement  developed 
with  great  rapidity. 

The  Whig  campaign  of  1840  was  still  fresh  in  the  minds  of  all. 
What  better  means  for  agitating  the  cause  of  "constitution  and 
suffrage "  than  to  adopt  the  essential  features  of  that  campaign. 
Processions  and  mass  conventions  were  in  some  respect  new  fea-j 
tures  in  political  affair^,  and  they  were  destined  to  be  used  with 
good  effect  by  the  leaders  of  the  new  movement  in  Rhode  Island. 
The  organ  of  the  "Suffrage  party,"  as  the  suffragists  now  began 
to  be  called,  as  early  as  the  last  week  in  February,  strongly  urged 
the  holding  of  a  mass  convention  of  the  non -freeholders  of  the 
State.  "^'^^  Such  a  convention,  though  never  yet  attempted,  would, 
doubtless,  "  eventuate  as  successfully  as  any  one  can  desire."  A 
few  days  later  a  letter  appeared  in  the  same  paper,  purporting  to 
come  from  a  fifty-dollar  tax -payer,  enlarging  upon  the  advisability 
of  such  a  convention.  The  writer  thought  that  it  might  easily  be 
arranged  and  that  it  would  be  the  largest  assembly  that  Rhode 
Island  had  ever  witnessed. 

Meanwhile,  public  meetings  were  being  constantly  held,  especi- 
ally in  the  city  of  Providence,  many  of  which  were  given  up  to 
debate.  One  of  the  most  remarkable  of  these  discussions,  extend- 
ing over  three  evenings,  was  on  the  question,  "  Is  it  expedient  for 
the  non-freeholders  to  refuse  to  do  military  and  fire  duty  .^^  "^'•'' 
Another  debate  was  held  on  the  subject,  "  Is  it  expedient  for  the 
non -freeholders    to    form    associations    for    the    purpose    of    military 


62  THE     DORR     WAR. 

r;^  discipline  ?"^'^'  This,  the  first  hint  that  has  been  found  of  the 
possible  need  of  arms  in  the  controversy,  evidently  caused  some 
hesitation.  The  fifty -dollar  tax -payer,  above  alluded  to,  acknowl- 
edged that  the  organization  of  military  companies  would  "  strike  a^^ 
terror  to  some  who  have  but  small  organs  of  combativeness,  and  a 
great  fear  of  anything  that  has  the  appearance,  or  can  in  any  way 
be  construed  into  a  semblance,  of  revolution  or  nullification."*'^' 
The  writer,  however,  went  on  to  explain  that  the  power  of  a  gov- 
ernment consisted  in  the  arms  of  the  2:overnment,  and  that  there 
was  no  power  in  the  State  "to  ensure  the  citizen's  safety  from 
foreign  invasion  or  an  extensive  internal  commotion."  He  then 
claimed  the  right  to  keep  and  use  firearms,  and  also  the  right  of 
the  people  to  assemble  together  in  a  peaceable  manner  to  perfect 
their  knowledge  of  the  art  of  using  firearms.  This  letter,  of  March, 
1 84 1,  is  interesting  in  the  light  of  the  later  events  of  May  and 
June,   1842. 

At  a  meeting  of  the  "  friends  of  suffrage,"  Saturday,  March  20, 
1841,  a  committee  was  appointed  to  report  on  the  subject  of  a 
parade.  They  reported  the  next  Wednesday,  recommending  that 
the  non- freemen  and  other  persons  interested  in  an  extension  of 
the  suffrage  should  "  parade  the  streets  of  Providence,  with  appro- 
priate banners,  and  partake  of  a  collation  on  Jefferson  Plains,"  in 
the  afternoon.  They  also  requested  that  citizen's  dress  should  be 
worn,  and  that  efforts  be  made  to  preserve  order  and  decorum 
throughout  the  day.  This  was  to  be  the  first  demonstration  of  a 
series,  and  the  leaders  expected  great  results  from  such  a  united 
demand  for  what  they  considered  their  rights.  Their  organ,  of 
course,  was  boiling  over  with  enthusiasm;*"''  and  the  Republican 
Herald  swung  around  into  line,  expressing  the  belief  that  the  right 
of  the  elective  franchise  belonged  to  everyone,  and  hoping  that  the 


TWO     CONVKNTIONS     CA  I.I.Ki),  ()3 

parade   might   be   the   "precursor  of  a  signal   success,  equal   to  the 
importance  and  justice  of  the  objecl."'"' 

The  parade  and  feast,  on  April  17,  must  have  fully  come  up  lo 
the  hopes  of  the  leaders  of  the  movement.  i'Vlthough  a  great  part 
of  the  day  was  unpleasant,  there  was  an  immense  concourse  of 
people,  and  many  thousands  turned  out  to  see  the  jjarade,  which 
consisted  of  from  2,500  to  3.500  men,  about  200  mounted,  and  a 
very  few  in  carriages/'^'  All  of  these  wore  the  suffrage  badge, 
with  the  words,  "  I  am  an  American  citizen."  Many  banners  were 
carried,  bearing  such  legends  as,  "I  die  for  liberty;"  "Worth 
makes  the  man,  but  sand  and  gravel  make  the  voter;"  "Virtue, 
Patriotism,  and  Intelligence  versus  $134  worth  of  dirt;"  "Peace- 
ably if  we  can,  forcibly  if  we  must."  The  collation  fed  the  multi- 
tude and  provided  an  opportunity  for  orations  by  Dutee  J.  Pearce, 
Samuel  Y.  Atwell,  and  others.*'-'^  The  suffrage  organ  was  naturally 
very  much  elated,  and  predicted  that  "People's  Day"  would  be 
honored   in    Rhode    Island    side   by   side  with    Independence   Day.  *-''^* 

It  must  not  be  forgotten  that  curiosity  played  a  great  part  in-^ 
enlarging  the  numbers  of  the  spectators  in  Providence  on  April  17; 
nor  should  it  be  supposed  that  all  the  persons  taking  part  in  the 
parade  were  "  white  male  citizens  over  twenty- one  years  of  age." 
Nevertheless,  an  unusual  opportunity  was  afforded  of  sow'ing  suf- 
frage seeds;  many  came  to  look  on,  and  wenf  away  to  think.  The 
non -freeholders  were  awakened;  those  who  had  previously  had  no 
desire  for  the  privilege  of  voting  now  began  to  look  upon  it  as  a 
boon  not  to  be  despised ;  those  who  had  abandoned  hope  were  now 
encouraged  by  organized  effort.  Many  freemen,  who  had  never  be- 
fore thought  much  about  the  matter,  were  awakened  to  the  feeling 
that  others  besides  the  freemen  had  equally  as  good  a  right  to  the 
suffrage. 

o 


64 


THE     DORR     WAR. 


llxihertT  sliaJi  be  restore 


BANNER    USED    IN    SUFFRAGE    PARADE. 

(  OKKilNAl.    IN    COl-LECTKiN    OF    RHODF.    ISLAND    HISTORICAL   SOCUriV.) 

The  parade  had  accomplished  so  much  that  the  agitators  imme- 
diately began  a  movement  for  a  mass  convention  in  Newport  on 
"Election  Day,"  May  5/"^'^  This  term  has  always  been  used  to 
mean  the  day  when  the  new  government  of  the  State  entered  upon 


TWO     CONVENTIONS     CAI.I.Kl).  05 

its  duties,  and  has  always  been  a  time  of  special  interest,  one  of 
the  holidays  of  the  State.  Time  and  place  were  well  chosen  for 
this  convention,  which  it  was  hoped  would  bring  together,  as  could 
not  have  been  done  in  larger  States,  a  vast  assemblage  of  inter- 
ested persons,  and  would  be  likely  to  produce  an  effect,  upon  the 
incoming  legislature.  The  number  in  the  procession  was,  however, 
barely  half  that  in  the  previous  parade  in  Providence;  about  a  third 
of  those  who  took  part  were  armed,  either  with  guns  or  swords,'-"'^' 
but  certain  companies  of  the  State  militia  advertised  to  appear  were 
not  present.  ^"^'"^^  The  smaller  number  was  disappointing,  but  not  in- 
explicable, even  from  the  standpoint  of  the  suffragists :  Newport 
and  the  neighboring  towns  were  much  smaller  than  Providence 
and  its  vicinity,  and  were  geographically  separated  from  most  of 
the  State.  Moreover,  the  centre  of  the  discontent  with  regard  to 
the  existing  conditions  was  at  Providence,  while  Newport  headed^ 
the  opposition  to  any  change  in  the  form  of  government.  The 
number  and  enthusiasm  shown  in  behalf  of  free  suffrage  at  New- 
port on  this  occasion  ought  to  have  satisfied  even  the  most  earnest 
suffragist  in  the  State. 

The  meeting  on  "  Election  Day "  was  not  merely  a  procession, 
a  mark  of  interest  in  the  movement  of  the  day.  The  convention, 
at  which  only  badge -wearers  were  supposed  to  be  present,  listened 
to  addresses  by  General  Stoddard  ^the  presiding  officer),  Dutee  J. 
Pearce,  James  A.  Greene,  and  William  Ennis.^'^*  A  series  of  reso- 
lutions was  reported  by  the  committee  on  resolutions,^'^'  which  criti- 
cised the  "  Charter  of  a  British   King  as  a  Constitution  of  political 


(•^'  The  convention  was  presided  over  by  General  Martin  Stoddard  ;  John  Sterne,  Franklin  Cooiey, 
Samuel  H.  Wales,  James  A.  Greene,  Silas  Sisson,  and  James  A.  Brown  were  chosen  vice-presidents; 
and  Samuel  Thomas  and  Francis  B.  Peckham,  secretaries.      Republican  IhralJ.  May  8,  1S41. 

t<i>  This  committee  consisted  of  William  Ennis,  Edward  Field,  David  Parmenter,  Jesse  Calder,  and 
Simeon  Anthony. 


G6  THE     DORR     WAR. 

government,"  deeming  it  "  insufficient  and  obsolete ;  "  declared  that 
the  "  whole  body  of  the  people  of  this  State "  had  the  right,  "  in 
their  original  and  sovereign  capacity,"  to  make  their  own  constitu- 
tion, and  that  this  right  was  not  barred  by  the  lapse  of  time,  and 
that  the  proper  time  had  arrived;  criticised  the  "undefined  and 
uncontrolled "  legislative  power,  the  unequal  representation  in  the 
General  Assembly,  and  the  restricted  suffrage ;  declared  that  a 
government  of  property  was  inconsistent  with  the  American  idea; 
denied  all  connection  with  any  political  party;  criticised  the  un- 
equal and  limited  representation  in  the  convention  called  by  the 
General  Assembly ;  advised  the  suffragists  to  perfect  their  organi- 
zation in  every  town  ;  appointed  a  State  committee  to  carry  forward 
the  cause,  and  to  ''call  a  convention  of  delegates  to  draught  a  con- 
stitntion  at  as  early  a  day  as  possible ;  "  requested  the  State  com- 
mittee to  obtain  "  a  list  of  all  the  citizens  in  the  several  towns 
who  were  ready  to  vote  for  and  sustain  a  constitution  based  on 
the  principles  hereinbefore  declared,"  and  to  prepare  an  address  to 
the  people  ;  and  directed  that  copies  of  the  resolutions  be  sent  to 
the  various  executive  and  legislative  officers  of  the  State/'^^  The 
resolution  establishing  the  State  committee '^*-'^  and  assigning  its  duties 
is  the  most  significant  portion  of  the  action  of  the  convention. 
^The  advice  to  call  a  convention,  and  to  obtain  a  list  of  pledged 
supporters,  indicated  a  determination  to  go  forward  with  a  constitu- 
tion and  to  ignore  the  legislature  and  its  legally-called  convention. 
The  convention  adjourned  to  meet  in  Providence  on  Independence 
Day,   Monday,  July  5,   1841. 


'"  This  committee,  as  appointed  May  4,  consisted  of  Charles  Collins  and  Diitee  J.  Pearce,  of 
Newport  coimty  ;  Samuel  II.  Wales,  Welcome  15.  Sayles,  and  Benjamin  Arnold,  Jr.,  of  Providence 
county  ;  William  S.  I'eckham  and  Sylvester  llimes,  of  Washington  county  ;  Silas  Weaver  and  ICmanuel 
Rice,  of  Kent  county  ;  and  Samuel  Allen  and   Benjamin   M.  Bosvvorth,  of  Ikistol  county. 


TWO     CONVENTION'S     C A  1. 1. HI).  07 

The  next  inovement  in  the  drama  consisted  in  the  "  Adchess  of 
the  State  Suffrage  Committee,  setting  forth  the  principles  of  the 
suffrage  movement,"  sent  out  to  the  i)ul)lic  June  ii,  1.S41.  This 
address  presented  the  usual  arguments  for  a  constitution,  criticised 
the  omnipotent  power  of  the  Assembly,  and  claimed  that  there  were 
but  two  methods  by -which  an  improvement  could  be  obtained.  The 
ballot  box  was  open  to  them,  or  they  might  resume  "  their  original 
and  natural  rights  and  powers;"  but  the  "disfranchised  majority" 
were  excluded  from  the  ballot  box,  and  there  was  little  hope  from 
the  freemen  at  the  polls.  An  important  concession  was  made: 
"  The  committee  are  happy  to  believe  that  a  very  considerable 
change  has  taken  place  in  this  respect,  within  a  short  period ;  and 
that  a  very  respectable  body  of  the  landholders  are  now  advocates 
for  a  written  constitution,  to  be  framed  and  adopted  by  the  people, 
and  a  liberal  and  permanent  system  of  suffrage  placed  beyond  the 
reach  of  legislative  control  and  interference.  The  committee  con- 
gratulates the  friends  of  the  cause  on  this  auspicious  circumstance; 
still  it  must  not  be  disguised  that  much  remains  to  be  done."  The 
address  urged  the  "people  —  'the  numerical  force' — to  proclaim  their 
will,  resume  their  original  powers,  and  assert  their  original  rights." 
It  closed  with  a  promise  that,  in  due  time,  a  call  would  be  issued 
for  the  holding  of  primaries  prior  to  a  State  convention.'-'"" 

Another  effort  was  made,  however,  to  obtain  more  liberal  jDro- , 
visions  from  the  General  Assembly.  On  the  second  day  of  the 
May  session,  a  resolution  was  introduced  apportioning  the  dele- 
gates to  the  convention  more  in  accordance  with  the  population,*-''^ 
and  was  immediately  passed  by  a  vote  of  48  to  20:*"''^  It  allowed 
one  delegate  from  towns  under  850  inhabitants;  two  from  towns 
with  a  population  betw^een  850  and  3,000;  three  from  towns  of 
3,000   to   6,000;    four,   from    6,000   to    10,000;    five,   from    10,000  to 


68  THE     DORR     WAR. 

15,000;  and  six,  if  over  15,000  inhabitants.*'^'^'  That  is,  six  dele- 
gates from  Providence ;  four  each  from  Newport,  Warwick  and 
Smithfield;  three  each  from  Tiverton,  Bristol,  Scituate,  North  Provi- 
dence, Coventry,  and  South  Kingstown ;  one  each  from  Jamestown 
and  Barrington  ;  and  two  each  from  the  other  towns ;  making  sev- 
enty-seven in  all.^'^'^-  This  concession  to  the  suffrage  party  was 
received  with  scorn.  At  a  meeting  of  the  Rhode  Island  Suffrage 
Association,  immediately  following  this  action  of  the  legislature,  the 
following  resolutions  were  adopted  i*^'^*^^  "Resolved  that  this  Associ- 
ation believes  that  the  action  of  the  General  Assembly,  May  6th, 
to  proportion  the  delegates  to  the  whole  People  for  the  Convention 
in  November,  is  but  a  feint  to  draw  the  attention  of  the  friends  of 
equal  rights  from  the  object  they  have  in  view.  Resolved,  that  we 
will  relax  no  exertion,  but  redouble  our  energies  in  the  cause,  and 
shrink  not  until  our  rights,  and  the  rights  of  the  People  be  ac- 
knowledged." 

Early  in  the  May  session  Samuel  Y.  Atwell  introduced  a  bill, 
which  was  taken  up  at  the  June  session,  referred  to  the  committee 
on  the  judiciary,  and  by  them  endorsed  "  not  recommended."*^'^" 
The  main  features  of  the  proposed  act*^*^'  related  to  the  represen- 
tation in  the  convention  and  to  the  qualifications  of  the  electors  of 
the  delegates.  The  franchise,  for  election  of  delegates  and  upon 
the  question  of  ratification,  was  granted  to  "  every  male  inhabitant 
of  the  State,  of  the  age  of  twenty-one  years,  who  is  a  citizen  of  the 
United  States,  and  who  has  resided  in  the  State  two  years,  and  in 
the  town  or  city  where  he  offers  to  vote  for  three  months  next 
previous  to  the  day  of  town  or  ward  meetings,  (persons  insane, 
under  guardianship,  or  convicts  excepted)."  The  apportionment  al- 
lowed eighteen  delegates  to  Providence;  nine  to  Smithfield;  eight 
to  Newport ;  seven  to   Warwick ;   five  to  Cumberland :   four  each  to 


TWO     CONVENTIONS     CAI.I.KI).  G!) 

Scituate,  South  Kingstown,  and  North  Providence;  three  each  to 
Tiverton,  Cranston,  North  Kingstown,  Coventry,  and  iiristol ;  one 
each  to  Middletown,  Little  Compton,  New  Shoreham,  Jamestown, 
Charlestown,  Richmond,  West  Greenwicli,  and  liarrington  ;  and  two 
each  to  the  other  ten  towns,  making  102  in  all.  A  long  debate 
took  place  on  this  bill,  occui)ying  the  whole  day.''"-  The  argu- 
ments advanced  pro  and  con  are  of  little  importance.  The  one 
notable  incident  of  the  debate  was  the  moment  when  Mr.  Atwell, 
in  order  to  "prevent,"  as  he  said,  "any  more  violent  appeal,  sol- 
emnly and  earnestly  appealed  to  the  Assembly  to  be  wise  in  their 
determination." ^^^^  The  vote  was  taken  June  25,  and  the  bill  was 
defeated,  ten  to  fifty-two,  with  ten  absentees.  Five  of  the  seven- 
teen Democrats  w^ere  absent,  and  seven  voted  in  favor  of  the  bill; 
five  of  the  fifty-five  Whigs  were  also  absent,  three  voted  yes,  and 
forty-three  no.**"^'  The  objection  to  the  bill  lay  mainly  to  the  suf- 
frage clause,  though  the  apportionment  was  unpopular  with  many 
representatives.  ^^^ 

The  Election  Day  Convention  met  again  at  Providence  July  5. 
The  usual  procession  was  held,  banners  and  mottoes  were  carried, 
orations  were  delivered.  It  is  difficult  to  ascertain  the  exact  num- 
ber of  persons  in  the  procession ;  while  one  account  acknowledged 
that  it  consisted  of  some  1,600,*^^^  another  declared  that  it  was  the 
largest  concourse  ever  assembled  in  the  State,  though  it  granted 
that  "  owing  to  the  heat  and  the  length  of  the  route,  less  persons 
marched  over  the  route  than  on  April  17."^'^'^  It  stated  also  that 
1,200  persons  came  over  the  Stonington  railroad. 

The  important  feature  of  this  meeting  was  the  series  of  resolu-/ 
tions   passed,*'**    the    most    important   of   which    was    the    following: 


'''The  votes  in  favor  of  the  bill  came  from  Clocester,  Burriilvilie,  Charlestown,  North  Kingstown, 
North  Providence,  and  Cumberland. 


70  THE     DORR     WAR. 

"  Resolved,  That  we  unanimously  and  cordially  reaffirm  the  views, 
sentiments  and  plans  set  forth  in  their  resolutions  by  the  conven- 
tion of  the  friends  of  equal  rights,  held  at  Newport  on  the  5th  day 
of  May  last ;  and  that,  inasmuch  as  the  General  Assembly  of  this 
State,  at  their  last  session,  in  June,  have  finally  decided  that  the 
freeholders  are  exclusively  the  people  of  Rhode  Island,  and  have 
denied  to  the  great  majority  of  the  people,  so  far  as  it  is  in  their 
power  thus  to  deny,  any  participation  in  the  convention  to  be  held 
in  November  next,  the  time  has  now  fully  arrived  for  the  people, 
in  their  original  and  sovereign  capacity,  to  exercise  their  reserved 
rights;  and  that  we  hereby  approve  the  call  by  the  State  committee 
of  the  people's  convention,  on  the  basis  of  the  resolutions  aforesaid, 
at  an  early  day,  for  the  formation  of  a  constitution.  Resolved,  That 
when  the  constitution,  so  framed,  shall  be  adopted  by  a  majority 
of  the  whole  people  of  the  State,  by  their  signatures  or  otherwise, 
as  the  convention  may  provide,  we  will  sustain  and  carry  into  effect 
said  constitution,  by  all  necessary  means;  and  that,  so  far  as  in  us 
lies,  we  will  remove  all  obstacles  to  its  successful  establishment  and 
operation;  and  we  hereunto  solemnly  pledge  ourselves  to  each  other 
and  the  public."  ^^^ 

The  State  committee  met  in  Providence,  July  20,  and  acted  in 
accordance  with  these  instructions. *^'^^^  Samuel  H.  Wales,  of  Provi- 
dence, was  chairman,  and  Benjamin  Arnold,  of  Providence,  secre- 
tary.    The  committee   issued   a  call''^"^  for  the  election   of  delegates 


'*■'' The  convention  added  to  .the  State  committee:  Silas  Sisson,  of  Newport  county;  Henry  L. 
Webster,  Philip  i>.  Stiness,  and  Metcalf  Marsh,  of  Providence  county  ;  Joiin  Provvii  and  John  B. 
Sheld<jn.  of  Kent  county  ;  Abijah  Luce,  of  Bristol  county  ;  and  Wajjer  Wceden  and  Charles  Allen, 
of  Washinfjton  county  ;  making  eijjhteen  in  all.  John  Brown  (who  afterwards  voted  against  the 
"  I'eople's  Constitution")  and  William  S.  ['eckham  did  not  act  witii  the  committee.  It  is  of  in- 
terest to  note  that  most  of  these  eighteen,  if  not  all,  were  freemen.  Burke  s  Report,  ^-j^-i^il  ■ 
"  List  of  Persons  voting  on  the  People's  Constitution." 


TWO     CONVENTIONS     CALLED. 


71 


to  take  place  August  28  ;  these  delegates  to  attend  a  convention  to 
be  held  at  the  State  House,  in  Providence,  October  4,  for  framing 
a  constitution  to  be  laid  before  the  people  for  their  adoption.  They-/ 
directed  that  "every  American  male  citizen,  of  twenty-one  years  of 
age  and  upwards,  who  has  resided  in  this  State  one  year  preceding 
the  election  of  delegates,"  should  vote  for  delegates ;  that  every 
meeting  held  for  the  election 
of  delegates  should  organize  by 
the  election  of  a  chairman 
and  secretary,  whose  signatures 
would  be  needed  by  the  dele- 
gates; that  every  town  of 
1,000  inhabitants  or  less  should 
have  one  delegate;  that  for 
every  additional  thousand  one 
delegate  should  be  allowed; 
and  that  Providence  should 
elect  three  delegates  from  each 
ward. 

We  have  thus  brought  the4 
story   to   the  point   where    two 
conventions   have    been    called, 
each  for  the  framing  of  a  con-  samuel  h.  wales. 

stitution   for  the   State:    one 

under  an  act  of  the  legislature;  the  other  by  an  extra-constitutional 
machine.  This  seems  to  be  a  fitting  opportunity  to  pause  in  the 
narrative,  and  discuss   the  issue   now  fairly  before  the  people. 


Authorities. — 1  New  Age,  Dec.  i8,  1840;  Burkes  Repo7-t,  402-403.  2  New  Age,  Dec. 
18,  1840.  3  Rhode  Island  House  Journals,  Jan.  2  1,  1841  ;  Providence  Journal,  Jan.  22,  1841. 
4   Revietv  of  President    IVayland's  Discourse,   20.        5    Rhode  Island  House  Journals,  Jan.  22  and 


72  THE     DORR     WAR. 

29.  1S41.  6  Proviiii'iice  Journal,  Jan.  23,  1841.  7  Providence  Journal,  Feb.  6  and  8,  1841  ; 
Rhoile  Island  House  Journals,  Feb.  5,  1841.  8  Rhode  Island  House  Journals,  Feb.  6,  1S41  ; 
Rhode  Island  Acts  and  Resolves,  Jan.,  1841,  85  ;  iVew  Age,  Feb.  12,  1841  ;  Burke's  Report,  401-402, 
644-645.  9  Rhode  Island  House  Journals,  Feb.  6,  1841  ;  Providence  Journal,  Feb.  8,  1841. 
10  Republican  Herald,  Feb.  10,  1841.  11  A^e^v  Age,  Feb.  12,  1841.  12  New  Age,  Feb.  26, 
1S41.  13  iW-o  Age,  Feb.  26  and  Mar.  5,  1841.  14  New  Age,  Mar.  12,  1841.  15  Neiu  Age, 
Mar.  19,  1841.  1(J  N'e~u  Age,  Apr  9,  1841.  17  Republican  Herald,  Apr.  17,  1841.  18  Re- 
publican Herald,  Apr.  2r,  1841  ;  Providence  Journal,  Apr.  19,  1841  ;  A^e7u  Age,  Apr.  23,  1841  ; 
See,  also,  the  Testimony  of  Jacob  Frieze,  Burke's  Report,  663-665.  19  Providence  Journal,  Apr. 
19,  1841.  20  iVew  Age,  May  14,  1841.  21  Republican  Herald,  Apr.  24,  1841.  22  Providence 
Journal,  May  4,  1S41  ;  N'ewport  Mercury,  May  8,  1841.  See,  also,  Testimony  of  Martin  Stoddard: 
Burke' s  Report,  660  ;  of  Jacob  Frieze,  Burke' s  Report,  663.  23  Providence  Journal,  May  4,  1841. 
24  Burke's  Report,  256-259,  405-407.  25  Burke's  Report,  261-268.  2(>  Rhode  Island  House 
Journals,  May  6,  1841  ;  iVeufport  Alercury,  May  8,  1841.  27  Rhode  Island  House  Journals,  May 
6,  1841.  28  Burke  s  Report.  409,  645-646.  29  Newport  Mercury,  May  15,  1841.  30  New 
Age,    May    14,    1841.  31    A^eivport   Mercury,    June   26,    1841.  32    Burke's    Report,    439-441. 

33  Rhode  Island  House  Journals,  June  25,  1841  ;  Providence  Journal,  June  26,  1841  ;  Republican 
Herald,  July  3,  1S41.  34  Providence  Journal,  June  28,  1841.  35  Providence  Journal.  June 
28,  1S41  ;  Burke's  Report,  ^^^i.  30  Providence  Journal,  July  7,  1841.  37  Republican  Herald, 
July  7,  1841.  38  Burke  s  Report,  259-261,  407-409.  39  A'ew  Age,  July  23,  1841  ;  Newport 
Mercury,   July  24.    1841.        40    Burke's  Report,   269-271,   410-412. 


CHAPTER    VI. 


THE    CHARTER    CRiriClSED. 

IN  the  calls  of  these  two  conventions  may  be  found  the  real 
controversy  and  the  positions  held  by  the  two  parties.  The 
call  issued  first,  for  what  later  came  to  be  called  the  Land- 
holders' or  Freemen's  Convention,  was  directed  to  the  freemen  of 
the  different  towns,  requesting  them  to  choose,  at  the  regular  elec- 
tion, a  certain  number  of  delegates  to  a  convention  for  framing  a 
new  constitution;*"  the  second  call  was  directed  to  male  citizens- 
of  the  United  States,  resident  within  the  State  of  Rhode  Island, 
requesting  them  to  elect,  on  a  specified  day,  a  certain  number  of 
delegates  to  what  has  been  commonly  called  the  People's  Conven- 
tion.*"' The  first  call  was  issued  by  the  General  Assembly  of  the 
State,  which  claimed  the  right  from  a  clause  in  the  charter  granting 
to  the  General  Assembly  power  "  from  time  to  time,  to  make,  or- 
dain, constitute  or  repeal  such  laws,  statutes,  orders  and  ordinances, 
forms  and  ceremonies  of  government,  and  magistrates  ;"  the  second 
call  was  issued  by  a  committee  of  eighteen,  chosen  by  mass  meet- 
ings— some  at  a  convention  at  Newport,  and  the  others  at  another 
convention  at  Providence,  and  acting  under  instructions  from  these 
irregular  meetings  of  the   "  people."      The   first   call    took   the   form 


<4  THE     DORR     WAR. 

of  a  set  of  resolutions,  witnessed  and  sent  out  to  the  public  by 
the  Secretary  of  State  ;  the  second,  of  a  series  of  votes,  passed  by 
the  committee  of  eighteen,  one  of  which  directed  the  chairman  and 
secretary  to  sign  the  proceedings  of  the  meeting,  and  to  cause 
them    to   be   printed    and   distributed   throughout   the   State. 

The  Freemen's  Convention  was  to  be  made  up  of  delegates 
elected  nominally  "on  the  basis  of  population" — from  one  to  six 
delegates  from  each  of  the  towns  ;  the  People's  Convention  was  to 
have  a  more  proportionate  representation  —  from  one  to  eighteen 
^  deles:atcs  from  each  town.  The  electors  to  the  Freemen's  Con- 
vention  were  naturally  the  freemen  of  the  State  :  that  is,  the  male 
inhabitants  who  owned  $134  worth  of  real  estate  and  had  qualified, 
together  with  their  eldest  sons  ;  the  People's  Convention  was  made 
up  of  delegates  chosen  by  "  every  American  male  citizen  of  twenty- 
one  years  of  age  and  upwards,  who  has  resided  in  the  State  one 
year  preceding  the  election  of  delegates."  The  Freemen's  Conven- 
tion was  directed  by  the  call  to  submit  the  constitution  formed  to 
the  freemen  in  open  town  meetings,  whose  vote  was  to  ratify  or 
fail  to  ratify  ;  the  People's  Convention  was  restricted  in  no  way  by 
the  call,  though  the  resolutions  of  July  5th  promised  to  uphold  the 
constitutioii  which  should  "  be  adopted  by  a  majority  of  the  whole 
people  of  the  State,  by  their  signatures  or  otherwise,  as  the  con- 
vention may  provide."  Behind  the  Freemen's  Convention  and  its 
work  was  the  legal  government  of  the  State  ;  authority  for  the 
People's  Convention  could  be  found  only  in  the  irresponsible  com- 
mittee of  eighteen  and  the  mass  meetings.  The  Freemen's  Con- 
stitution, if  ado])ted,  would  have  the  approval  of  a  majority  of  the 
legal  \oters  of  the  State  ;  behind  the  People's  Constitution,  if  it 
became  the  law  of  the  land,  would  be  an  unproved  majority  of  the 


TIIK     CHARTER     CRITICISj;!).  , -t 

male  inhabitants  of   the  State,  votiiit^  at   extra-lei^al    meetings   held 
without  legal   restrictions. 

/  JBoth  movements  showed  tliat  there  was  a  genuine  need  of  a 
more  modern  constitution.  The  inequalities  and  inconsistencies  in 
the  Charter  Constitution  became  apparent  with  \ery  little  study,  as 
may  be  seen  by  a  brief  resume  of  the  most  impcjrtant  causes  of  the 
grievances  which  were  set   forth  during  the  years  of  controversy. 

First  and  foremost  always  were  the  suffrage  qualifications,  which,/ 
though  established  by  the  legislature,  had  become  practically  a  jjart 
of  the  constitution.  The  relative  proportion  between  the  freemen 
and  the  non- freemen  in  1841  is  difficult  to  ascertain,  since  there 
were  no  enrollments  of  all  the  freemen :  the  largest  number  of 
votes  cast  in  the  State  had  been  8,402  in  18 18,  and  8,283  in  1840.'-" 
A  conservative  estimated  that  there  were  about  11,000  qualified 
voters, ^"^  but  the  secretary  of  the  People's  Convention  asserted  that 
there  were  not  more  than  9,600  freemen;'"'*  the  true  number  in 
1 84 1   was  probably  about   10,000. 

The  number  of  possible  voters,  under  an  enlarged  suffrage,  is 
even  more  difificult  to  ascertain.  The  suffragists  estimated  25,674 
free  white  males  over  twenty-one,  or  nearly  one -quarter  of  the 
entire  number  of  inhabitants ;  subtracting  3,000,  the  number  of 
"aliens,  non -compos,  insane,  under  guardianship,  and  criminals," 
they  claimed  22,674  as  the  number  of  probable  voters,  under  a  sys- 
tem of  universal  suffrage.  The  conservatives,  on  the  other  hand, 
taking  as  their  model  "of  a  greatly  extended  franchise"  the  suf- 
frage qualifications  in  Massachusetts,  found  that  about  one  in  six 
of  the  population  voted  in  1840,  and  counting  the  same  rate  in 
Rhode  Island  the  population  of  108,837  would  give  18,139  voters 
in  that  State.      These  rival  fio;ures  make  it  certain  that  the    10,000 


•  76  The   dorr   war. 

or  more  actual  freemen  were  scarcely  one-half  of  the  possible  voters, 
and  that  the  limitations  on  the  suffrage  in  Rhode  Island  were  greater 
than  those  of  any  other  State/^* 
'^  The  advisability  of  rendering  the  suffrage  less  restricted  was  ac- 
knowledged by  many  of  the  opponents  of  the  suffrage  party.  "  We 
cannot  blame  those  whom  the  existing  laws  exclude  from  the  suf- 
frage, for  desiring  to  be  included;  .  .  .  Let  us,  then,  while  we 
steadily  adhere  to  the  main  principle  of  our  compact,  so  modify  our 
laws  in  extension  of  that  principle,  that  every  man  among  us,  who 
has  a  real  interest  in  our  prosperity,  may,  if  he  desires  it,  find  a 
ready,  easy,  peaceful,  and  lawful  admission  to  our  suffrage,  with  an 
equal  right  to  be  chosen  to  the  offices  which  we  dispense."  *^^  Presi- 
dent Wayland,  of  Brown  University,  said :  "  I  believe  it  to  be  at 
present  universally  conceded  that  it  would  have  been  better  if  a 
change  in  the  elective  franchise  had  been  made  many  years  since."  ^'^ 
It  must  not  be  overlooked  that  the  proportionate  number  of 
persons  excluded  from  the  suffrage  was  continually  on  the  increase. 
So  long  as  Rhode   Island  remained  an  agricultural  community,  with 

'">  In  a  few  States  the  ownership  of  land  was  a  restricting  or  an  alternative  qualification  :  in 
Connecticut,  either  a  freehold  of  $7  00  yearly  value,  or  a  year's  performance  of  military  duty,  or  the 
payment  of  taxes,  together  with  good  moral  character,  were  required  ;  in  Virginia,  either  a  freehold 
of  4»25.oo  value,  or  reversion  in  land  worth  |;50  00,  or  occupancy  of  a  leasehold  estate  at  a  rent  of 
lj;2o.oo,  or  a  housekeeper  and  head  of  a  family  who  paid  a  State  tax,  were  necessary  ;  in  South 
Carolina,  a  freehold  of  fifty  acres  or  a  town  lot  ;  in  North  Carolina,  to  vote  for  Senator,  a  freehold 
of  fifty  acres  of  land.  The  following  States  required,  as  a  necessary — or  at  least  as  an  alternative — 
fiualification,  the  payment  of  taxes:  Connecticut,  Delaware,  Georgia,  Louisiana,  North  Carolina, 
Ohio,  Pennsylvania,  and  Virginia.  The  States  that  had  no  requirements  except  those  of  residence, 
the  franchise  demanded  by  the  suffrage  party  in  Rhode  Island,  were  :  Alabama,  Illinois,  Indiana, 
Kentucky,  Maine,  Maryland,  Michigan,  Mississippi,  Missouri,  New  Hampshire,  New  York,  Ten- 
nessee, and  Vermont.  In  addition,  it  may  be  noted  that  Geor-gia,  Louisiana,  Massachusetts,  New 
Hampshire,  New  Jersey,  New  York,  North  Carolina,  South  Carolina,  and  \'irginia  required  a  landed 
<lualification  of  the  governor  or  the  members  of  the  State  legislature,  or  both.  The  universal  suffrage 
demanded  by  the  leaders  of  the  movement  in  Rhode  Island  was  the  rule  in  about  half  of  the  States, 
and  it  was,  doubtless,  somewhat  unwise  to  attempt  to  replace  the  very  limited  suffrage  by  one  so 
extremely  broad,  and  one  not  granted  by  any  of  the  neighboring  States.  Toore's  Cliaiters  txiid 
Coiistilulions.      Sec,   also,    Adilrcss  of  tite   Coir^unlion  of  lSo4,    Burke  s   Rrporl,    1 76-1 78. 


THE     CHAkTKR     CKITICISKD.  77 

sparse  population  and  cheap  land,  it  had  been  easy  to  obtain  the 
property  required.  But  when  the  State  became  a  manufacturing^ 
and  commercial  community,  the  "  political  power  of  the  State  had 
passed  into  the  hands  of  a  minority,"  or,  to  quote  a  somewhat  ex- 
travagant address  to  the  people:  "A  chartered  minority,  or  less 
than  one -third  of  the  male  adult  population,  ooverns  the  majority, 
comprising  more  than  two-thirds  of  the  citizens;  imjDoses  taxes  on 
them  at  will;  denies  them  all  natural  and  social  rights  of  equality; 
divests  them  of  the  best  guarantee  of  freedoni  (the  elective  fran- 
chise), and  excludes  them  from  any  representative  voice  in  legisla- 
lation  or  government." 

The  second  criticism  of  the  charter  government  lay  in  the  i^ 
disproportionate  apportionment,  to  remedy  which  the  Freemen's 
Convention  was  primarily  called.  A  fixed  apportionment  is  always 
subject  to  two  diflficulties :  old  communities  may  stand  still  or  de- 
cay, and  thus  have  undue  representation ;  new  communities  may 
spring  up,  with  inadequate  representation  ;  both  causes  worked  un- 
favorably in  Rhode  Island.  At  the  first  census,  in  1708,  the  nine 
towns  had  a  total  population  of  7,181  ;  Newport's  six  Deputies  rep- 
resented 2,203  persons,  and  the  four  from  Providence  represented 
[,446,  thus  making  an  unusually  equal  apportionment;  the  other 
towns  that  had  four  Deputies,  Warwick  and  Portsmouth,  had,  how- 
ever, a  population  of  but  480  and  62S  respectively  ;  and  the  five 
towns  with  but  two  Deputies  each  varied  from  206  in  Jamestown 
to  1,200  in  Kingstown.  In  1776  quite  a  different  story  may  be 
read  out  of  the  statistics:  161  persons  in  Jamestown  were  repre- 
sented by  a  Deputy  in  the  Assembly,  and  1,644  in  Scituate  had 
the  same  representation.  These  numbers  illustrate  the  greatest 
divergence,  but  not  the  most  undesirable  features  of  the  apportion- 
ment.    Less  complaint  would  have  been  made  if  all  the  towns  had 


78  THE     DORR     WAR. 

<r'been  equally  represented,  without  regard  to  population;  but  the 
double  and  triple  representation  of  the  four  original  towns  was  the 
cause  of  the  greater  part  of  the  dif^culty.  Warwick,  with  its  2,376 
inhabitants,  had  twice  as  many  Deputies  as  either  Glocester,  Scitu- 
ate,  Smithfield,  North  or  South  Kingstown,  each  of  which  boasted  a 
larger  population  than  Warwick.  Sixteen  towns  registered  a  greater 
number  of  inhabitants  than  Portsmouth,  though  each  of  them  had 
but  half  its  representation. 

._)  By  1840  the  unfairness  of  the  fixed  apportionment  had  become 
greatly  intensified.  The  only  apparent  remedy  was  to  divide  the 
large  towns  and  thus  secure  more  members.  This  process  had 
been  frequently  used,  but  there  was  a  limit  to  it,  as  a  glance  at 
the  map  of  the  State  in  1840  will  show;  and  the  unequal  growth  of 
the  indivisible  towns  like  Providence  prevented  any  general  correc- 
tion  of  the  abuse  except  by  means   of  reapportionment.     A  few  of 

^  the  inconsistencies  may  be  briefly  noted.  Sixteen  of  the  thirty-one 
towns  had  a  total  population  of  22,995,  and  sent  to  the  Assembly 
thirty-four  Representatives;  but  the  23,172  inhabitants  of  the  town 
of  Providence  were  represented  by  only  four  Representatives. 
Smithfield  had  a  population  which  lacked  but  sixty-four  of  equaling 
that  of  nine  other  towns  which  together  were  allowed  ten  times  its 
representation.  A  Representative  from  Jamestown  represented  182 
and  one  from  Barrington  274  persons,  while  one  from  Smithfield 
had  a  constituency  of  4,757,  and  from  Providence,  5,793.  The  aver- 
age population  which  each  Representative  from  Newport  county 
represented  was  844;  from  Washington  county,  1,024;  fi'om  Bristol 
county,  1,080;  from  Kent  county,  1,308;  from  the  whole  State, 
1,512.  On  the  other  side  of  the  scale  may  be  placed  Providence 
county,  which  sent  one  Representative  to  the  General  Assembly 
for  every  2,640.      The  comparison  by  counties  shows  that  the  con- 


THE     CIIAKTKK     Ckl'lICISKI).  79 

test  must  become  sectional,  for  Providence  county,  occupying  the 
entire  northern  portion  of  the  State,  had  a  population,  in  1840,  of 
58,073,  against  54,500  in  all  the  rest  of  the  State;  but  by  the 
charter  and  the  number  of  its  towns  the  county  was  restricted  to 
twenty-two  out  of  the  seventy- two   Representatives. 

The  possibility  of  obtaining  any  change,  or  at  least  a  change-^ — 
radical  enough  to  satisfy  the  large  towns,  seemed  very  doubtful  to 
the  suffrage  party  —  since  the  apportionment  of  delegates  to  the 
Freemen's  Convention  showed  illiberal  views  as  to  what  would  be 
a  fair  proportionate  representation:  Providence,  with  its  23,172  in- 
habitants, had  but  six  times  as  many  delegates  in  the  convention 
as  had  Jamestown,  with  its  365  inhabitants.  The  General  Assem- 
bly was,  in  this  respect,  extremely  conservative  —  making  as  little 
change  from  the  charter  apportionment  as  possible,  and  yet  not 
daring  to  refuse  to  grant  a  partial  relief.  Very  few  reasons  were 
stated  in  opposition  to  a  fairer  apportionment,  except  the  claim 
that  the  existing  system  had  worked  well ;  that  both  branches  of 
the  legislature  ought  not  to  be  based  on  population ;  that  other 
States — as,  for  instance,  Connecticut  and  Vermont  —  were  no  bet- 
ter oft';  and  that,  in  any  case,  but  slight  changes  were  necessary, 
as  all  the  towns,  except  Providence  and  Portsmouth,  were  within 
one  of  their  proportionate  number  of  representatives.'*^'  Neverthe- 
less, the  inequalities  were  glaring,  and  this  second  cause  of  griev- 
ance needed  a  remedy.'''* 

The  third  trouble  arose  from  the  great  power  committed  to  the 
General  Assembly.  The  restrictions  placed  upon  it  by  the  charter 
were  inconsiderable ;  custom  only  restrained  the  legislature  from 
being  omnipotent.  The  criticism  of  Mr.  Dorr,  in  his  trial,  upon 
the  power  of  the  legislature,  is  scarcely  too  strong:"^"  "The  Gen-.' 
eral  Assembly  had  so  long  acted  according  to  their  mere  will  and 


80  THE     DORR     WAR. 

pleasure,  that  they  deemed  themselves  and  virtually  became  omni- 
potent within  their  sphere."  An  amusing  instance  of  the  general 
feeling  is  found  in  an  alleged  remark  in  the  midst  of  a  legislative 
debate  :'^"^  "Mr.  Speaker,  the  member  from  is  very  much  mis- 
taken when  he  supposes  that  this  General  Assembly  can  do  any- 
thing that  is  unconstitutional.  Sir,  I  conceive  that  this  body  has 
the  same  power  over  the  non- freeholders  of  this  State  that  the 
Almighty  has   over  the   Universe." 

Some  other  criticisms  of  the  charter  as  a  constitution  were  oc- 
casionally brought  forward,  though  they  had  little  influence  in  the 
agitation.  Thus,  the  charter  contained  no  Bill  of  Rights  —  that 
"  important  bulwark  of  the  liberties  of  the  people." ^'^'  The  levying 
of  taxes  upon  the  non -freemen,  "'and  also  the  requirements  of  mili- 
tary and  fire  duty,  seemed  unjust,  and  led  some  to  join  the  suffrage 
party. '^'■^^  Complaint  was  made  that  non -freemen  had  not  complete 
protection  of  their  property,  since  without  the  assistance  of  a  free- 
man they  could  not  appeal  to  the  law  for  the  collection  of  a  debt.^^^^ 
The  fact  that  only  freemen  could  serve  upon  a  jury  was  another 
cause  of  complaint,  and  the  statement  was  common  that  trial  by 
one's  "peers"  was  not  granted  the  non -freeholders.  ^'^^  Finally,  the 
charter  was  set  forth  as  the  gift  of  an  autocratic  monarch  of  a 
country  from  which  the  State  had  successfully  revolted,  and  a  con- 
stitution should  be  the  act  of  a  free  people  providing  for  their  own 
government, 

j^  Although  the  non -freeholders  had  many  good  and  sufficient 
reasons  for  complaint, ^''^   their  social  and  economic  position  was  not 

•'""We  happen  to  know  that  for  about  fifteen  years  the  author  of  the  '  Discourse'  has  resided 
ill  Rhode  Island,  payinjr  taxes  every  year,  yet  never  allowed  to  vote,  nor  to  exert  his  influence, 
or  lift  up  his  voice,  in  the  affairs  of  government,  nor  to  sit  upon  a  jury,  nor  to  feiaim  the  protection 
of  law  hy  sueinjj  out  his  writ.  All  this  may,  in  his  opinion  be  no  injury,  no  infringement  of  liberty, 
no  more  than  an  inconsitlerable  loss.     A>is~u<ci'  to   IVayltJnd,    12." 


TIIK     CHAKIKkS     CklTICISKI).  81 

SO  oppressive  as  might  be  judged  from  the  Hst  of  grievances.  Few 
felt  maimed  by  the  lack  of  the  rights  and  privileges  for  which  they 
clamored.  Elisha  R.  Potter,  a  Representative  in  Congress  from 
Rhode  Island,  was  too  strong  an  opponent  of  the  suffrage  party 
to  be  sensitive  to  the  hardships  of  the  non -freemen;  nevertheless, 
there  is  much  truth  in  his  statement:  "Under  that  old  charter 
we  have  enjoyed  more  happiness  and  better  government  than  any 
other  State  in  this  Union;  we  have  had  very  little  class  legislation; 
we  pay  no  high  salaries ;  we  have  had  no  direct  taxes  for  twenty 
years ;  the  taxes  paid  by  the  banks  support  our  government;  we 
had  good  courts,  and  our  laws  were  cheaply  and  economically  ad- 
ministered, so  that  the  poorest  could  obtain  redress  for  injuries."*"'' 
The  New  York  Courier  and  Enquirer  declared  that  the  general 
content  was  shown  by  the  "records  of  the  Republic,  the  history  of 
that  State  in  particular,  and  the  testimony  of  every  man  of  intel- 
ligence in  the  country."^''*  "  This  charter  of  government,"  says  r~ 
George  Bancroft,  the  historian,  "constituting,  as  it  then  seemed,  a 
pure  democracy,  and  establishing  a  political  system  which  few  be- 
sides the  Rhode  Islanders  themselves  believed  to  be  practicable, 
remained  in  existence  till  it  became  the  oldest  constitutional  char- 
ter in  the  world.  The  probable  population  of  Rhode  Island,  at 
the  time  of  its  reception,  may  have  been  2,500.  In  170  years  that 
number  increased  forty  fold  ;  and  the  government,  which  was  hardly 
thought  to  contain  checks  enough  on  the  power  of  the  people  to 
endure  even  among  shepherds  and  farmers,  protected  a  dense  pop- 
ulation, and  the  accumulations  of  a  widely-extended  commerce.  No 
where  in  the  world  were  life,  liberty,  and  property  safer  than  in 
Rhode   Island."  *'«^ 

However,  with  a  government   based   upon  an   antiquated  funda- 
mental   law,   with    a    limited    suffrage,   with    unequal    representation, 


82  THE     DORR     WAR. 

with  a  legislature  under  no  legal  control  but  the  semi-annual  elec- 
tions, and  without  a  Bill  of  Rights,  it  was  not  strange  that  the  non- 
freemen,  paying  taxes,  serving  as  firemen  and  in  the  militia,  and 
kept  out  of  the  jury  box,  should  manifest  a  desire  for  a  new  con- 
stitution. The  strange  thing  is  that  the  desire  had  not  been  ex- 
pressed earlier  and  more  plainly.  But  how  was  this  coveted  result 
to  be  obtained }  Was  there  a  likelihood  that  a  constitution  could 
be  drawn  out  of  the  "landholders.''"  Or,  if  they  did  provide  a 
new  frame  of  government,  was  it  probable  that   it  would  be  satis- 

-1^  factory .?  Had  not  the  freemen  refused  to  call  a  convention  in 
1821  and  again  in  1822.?  Had  they  not  voted  down  a  constitu- 
tion in  1824  which  contained  but  few  of  the  changes  now  desired.'' 
Had  they  not  failed  to  form  a  constitution  in  1834,  because  the 
interest  of  the  freemen  in  the  matter  was  not  sufficient  to  keep  a 
quorum   together } 

Besides  the  failures  in  the  past  and  the  more  recent  legislative 
rebuffs,  the  suffrage  party  had  good  reason  to  feel  that,  a  priori, 
the  freemen  would  not  grant  their  requests ;  that  they  had  the 
same  feeling  in  1841  that  Colonel  Burrill  expressed  forty- four  years 
earlier:  the  natural  repugnance  of  the  "ins."  Under  such  circum- 
stances how  could  the  non-freemen  obtain  their  desires.'*  Early  in 
the  movement,   before    the   April    parade,   came   the    answer  of   the 

-^i  suffrage  party.  ^'^^  /"There  are  two  remedies  for  this  —  either  the 
whole  people  may  foFm  a  constitution,  or  in  the  Supreme  Court  of 
the  United  States,  they  may  try  the  constitution  of  our  present 
government.  The  former  course  the  suffrage  party  have  decided 
upon,  although  we  think  that  the  whole  matter  will  eventually  be 
settled  in  Congress  or  the  Supreme  Court." 

X  X  The  plan  for  "  the  whole  people  "  to  form  a  constitution    is  the 
key  note  to  the  whole  controversy  that  raged  in   Rhode  Island  un- 


THE     CHARTERS     CRITICISKI).  S.'{ 

til  finally  the  United  States  Supreme  Court  was  reached.  Ik-fore 
this  question  all  controversies  as  to  franchise  or  apportionment,  all 
discussions  as  to  universal  suffrage  or  the  rights  of  the  majority 
to  rule,  are  matters  of  little  consequence.  The  claim  was  made 
that  the  call  for  this  People's  Convention  was  right;  that  the  con- 
vention had  -^  prima  facie  legality;  that  the  constitution  which  it 
should  form  would  be  the  fundamental  law  of  the  State,  if  ratified 
by  a  majority  of  "the  people."  The  simplest  statement  of  this 
claim,  as  made  by  the  suffrage  party,  is  found  in  the  words  of 
Benjamin  V.  Hallett,  in  his  argument  before  the  Supreme  Court 
of  the  United  States:  "It  is  a  right  of  the  people  to  change,-f 
alter,  or  abolish  their  government,  in  such  manner  as  they  please  ; 
a  right,  not  of  force,  but  of  sovereignty," 


AUTHORITIKS.  — 1  Burke's  Report,  644-645.  2  Bin  ke's  Report,  269-271,  41(^-412.  ;{  RhoJe 
/slanti  Manual,  1S9G-7,  98,  102.  4  Providence  Journal.  May  i,  1841.  'rhe  method  of  estimating: 
was  as  follows:  In  the  city  of  Providence  there  were  1,721  names  on  the  ward  lists,  of  which  1.312 
voted.  At  the  same  rate,  the  8,283  votes  cast  in  the  State  would  indicate  1 1  000  voters.  ."»  Burke's 
Report,  120-121.  6  Providence  Journal,  Aug.  21,  1841.  7  Wayland.  AJJairs  of  Rhode  /slatid, 
13.  8  Providence  Journal,  May  25,  1841.  9  J'rovidenee  Journal,  I-'eb.  10,  1S41.  10  Turner, 
Trial  of  Thomas  W.  Dorr,  53;  see,  also,  Burke's  Report,  270.  11  Ne'v  Age,  Jan.  S,  1S41. 
12  Burkes  Report,  270.  13  Reply  to  Wayland,  12:  Burke's  Report,  12,  163.  249.  14  /hake's 
Report,  13,  249.  15  Burke's  Report,  13.  10  Coni;ressional  Globe.  I  Sess  .  28  Cong.,  1843-44, 
.'\pp.  XIII.,  268.  17  A'e-cV  York  Courier  and  Enquirer,  as  copied  in  the  Xational  Intelligencer, 
May   19,    1842.         18    Bancroft,    History  of  the   L'nited  Slates,    loth   Kd..    II,   64.  1!>    .\',:.'  .<-<• 

Mar.   26,   1 84 1 


CHAPTER    VII. 


THE    ISSUE. 

^  ^    I    AHIS    is    not   the    place    to    enter    into    any   thorough   or  ex- 
I  haustive    discussion    of    the    questions    of    sovereignty    and 

constitution -making.  Instead,  we  will  merely  set  forth 
a  few  of  the  arguments  that  were  advanced  by  the  advocates  and 
opponents  of  the  doctrine  cited  at  the  close  of  the  preceding  chap- 
ter, and  thus  determine  the  real  status  of  the  Rhode  Island  move- 
ment— whether  it  may  be  called  legal  or  revolutionary. 

The  suffragists  came  out  boldly  with  their  doctrine.      The  Suf- 
frage   Association,    in    its    Declaration    of    Principles,  ^'^    "  Resolved, 

^  That  the  power  of  the  State  should  be  vested  in  the  hands  of  the 
people ;  and  that  the  people  have  the  right  from  time  to  time  to 
assemble  together,  either  by  themselves  or  their  representatives,  for 
the  establishment  of  a  republican  form  of  government.  Resolved, 
That  whenever  a  majority  of  the  citizens  of  this  State,  who  are 
recognized  as  citizens  of  the  United  States,  shall,  by  their  delegates 
in  convention  assembled,  draught  a  constitution,  and  the  same  shall 
be  accepted  by  their  constituents,  it  will  be,  to  all  intents  and  pur- 
poses, the  law  of  the  State."  The  State  Suffrage  Committee  de- 
clared that  a  "majority  of  the  'governed^  have,  at  any  time,  and  on 
any  occasion,  a  right   to  change  their  government  —  a  right  which. 


THK     ISSUE.  85 

being  inherent,  unalienable,  and  indefeasible,  not  even  they  can  part 
with  by  their  free  and  voluntary  act."'-''  Thomas  \V.  Dorr,  in  the 
People's  Convention,  said:  "We  ask  for  no  authority  from  the^ 
legislature  to  empower  the  people  to  assemble  in  convention,  or  to 
vote  for  or  against  the  doings  of  that  convention.  We  need,  and 
can  have,  no  higher  commission  for  our  proceedings,  than  that  is 
derived  from  the  sovereign  power  of  the  State." ''^^  But  the  suffrag-  j 
ists  took  a  more  pronounced  position,  and  presented  arguments  to 
support  a  legal  right  of  amending  the  constitution  at  will.  They 
claimed  that  "what  was  a  revolutionary  right  merely,  a  right  of  war, 
in  countries  where  the  sovereignty  was  not  held  to  reside  in  the 
people,  had  here,  by  the  act  of  the  people,  been  transplanted  into 
the  pale  of  government  itself,  by  our  declarations  and  constitutions, 
which  recognize  the  right  of  the  people,  on  the  outside  of  all  or- 
ganizations, to  act  for  themselves.  A  right  which  is  thus  recog- 
nized, though  in  a  general  way,  and,  of  course,  without  prescribed 
forms  of  proceedings,  ceases  to  be  revolutionary,  and  has  become 
regular  and   definite."'^' 

In  reply  to  these  opinions,  the  conservatives  attempted  to  show 
to  what  results  they  would  lead.  In  an  article  in  the  Avtc'  Euo;- 
lander,  an  illustration  of  these  principles  was  thus  set  forth:'-''  "If 
it  should  happen  in  any  State  that  an  actual  minority  should  elect 
a  governor,  the  majority  could  immediately  get  rid  of  him  in  a  legal 
way,  by  assembling  on  the  authority  of  this  right  of  revolution, 
either  in  mass  or  by  delegates,  and  framing  a  new  constitution, 
and  under  it  electing  a  new  governor,  who  would  be  the  legal 
chief  magistrate  to  whom  civil  obedience  is  due,  while  through  the 
silent  operation  of  law  the  former  governor  becomes  at  once  guilty 
of  treason,  if  he  remains  longer  in  office."  President  Wayland  de- 
clared that  "the  principles  which  have  been  avowed,  seem  to  me  as 


86  THE     DORR     WAR. 

utterly  subversive  of  all  other  governments  as  they  are  of  our  own. 
If  an  established  government  may  be  overturned  on  the  principles 
which  have  been  advocated,  .  .  no  constitution  in  the  land  is  worth 
the  parchment  on  which  it  is  written.  The  only  law  that  would 
be  known  would  soon  be  the  law  of  force.  The  only  principle  of 
action  would  come  to  be  the  love  of  plunder.  All  that  would  be 
necessary,  in  order  to  establish  unlimited  power  over  us,  would  be, 
without  form  of  law,  to  lay  claim  to  a  majority,  and  assemble  a  suf- 
ficient number  of  armed  men  to  carry  its  decisions  into  effect." ^^'^ 
Judge  Pitman  considered  that  "  majorities,  real  or  pretended,  will 
find  all  things  lawful  and  all  things  expedient,  and  should  they  be 
fettered  by  constitutions,  or  forms  of  government,  they  have  only 
to   resolve   themselves   into    '  their  original  sovereign   capacity'   and 

/  they  may  act  their  pleasure,  until  another  faction,  stronger  than 
they,  shall  arise  to  make  them  feel,  in  their  turn,  the  miseries  of 
such   licentiousness  and  anarchv."*-"' 

After  suggesting  the  possibilities  underlying  this  doctrine  of 
sovereignty,  the  opponents  of  these  principles  declared  that  such 
acts  were  without  law  and  against  the  laws  of  the  State.  They 
declared  that  a  constitution  so  obtained  would  be  "voted  for  with- 
out the  forms  of  law,  and  of  course  in  such  a  manner  that  none 
could   pretend  to  determine   what  expression   of  the   wishes   of  the 

A  people  it  really  sanctioned." ^^*  Dr.  Channing  was  quoted  as  saying 
that  a  constitution  was  "  the  act  of  a  people  imposing  limits  on 
itself,  setting  guard  on  its  own  passions,  and  throwing  obstructions 
in  the  way  of  legislation,  so  as  to  compel  itself  to  pause,  to  delib- 
erate, to  hear  all  remonstrances,  to  weigh  all  rights  and  interests, 
before  it  acts."^^^  Another  reply  to  the  arguments  in  favor  of  the 
legality  of  this  method  of  constitution -making  is  directed  to  Gov- 
ernor  Morton   of    Massachusetts.      "  You   have   confounded   in   your 


TIIK     ISSUL.  87 

own  mind,  or  would  confound  in  the  minds  of  others,  the  <'-reat 
distinction  between  revolution  and  reform.  Revolution  is  not  to 
be  regulated  by  law.  This  is  an  appeal  to  force  against  the  law 
and  the  government.  Hut  the  right  of  reform  is  to  be  exercised  in/ 
conformity  with  the  fundamental  laws  of  the  State  and  the  rights 
of  the  government,  and  if  a  portion  of  the  people,  under  the  pre- 
tense of  reform,  violate  their  allegiance  to  the  government,  and  set 
up  a  government  upon  their  own  authority,  this  is  rebellion  and 
treason,  and  it  is  the  duty  of  the  government  to  put  it  down."*"" 
One  of  the  "Law  and  Order"  Representatives  to  Congress  declared 
in  the  House  that  '^he  did  not  deny  the  right  of  revolution  to  the 
people;  he  did  not  deny  the  right  of  the  people  to  change  the 
form  of  their  government,  when  it  was  administered  contrary  to  the 
principle  on  which  it  was  established,  or  when  it  was  oppressive 
and  could  not  be  endured;  but  he  did  not  admit  that  they  could 
change  it  as  often  as  they  pleased,  without  law,  against  law,  and 
without  any  cause." '"^ 

Some  of  the  lawyers  of  the  suffrage  party  made  a  thorough 
search  of  the  writings  of  the  leading  exponents  of  the  Constitution 
of  the  United  States,  and  brought  together  the  paragraphs,  sen- 
tences, and  clauses  which  appeared  to  support  their  position  that 
"the  people  of  Rhode  Island  had  the  right,  of  their  own  sovereign 
will,  and  without  the  consent  of,  the  existing  authorities  of  the 
State,  to  change,  alter,  reform,  or  abolish  the  government."*"'  They 
cited  first  the  Declaration  of  Independence:  "Governments  are  in- 
stituted among  men,  deriving  their  just  powers  from  the  consent  of 
the  governed;  when  any  form  of  government  becomes  destructive 
of  these  ends   [that   is,   the  rights  just  enumerated]    it  is  the   right 


*")  These  are  the  words  of  the  majority  of  the  select  committee.      Bur/ct's  A'lpoit,   25. 


88  THE     DORR     WAR. 

of  the  people  to  filter  or  abolish  it."  They  quoted  from  the  fare- 
well address  of  President  Washington  that  :  "  The  basis  of  our 
political  systems  is  the  right  of  the  people  to  make  and  alter 
their  constitution  of  government."  They  found  Justjce  Wilson's 
statement  that  the  people  "  always  retain  the  right  of  abolishing, 
altering,  or  amending  their  constitution,  in  whatever  manner  they 
shall  deem  expedient,"'"^*  and  that  "  the  people  may  change  their 
constitution  whenever  and  however  they  please." ^''^^  Mr.  Justice 
Iredell  is  quoted  as  affirming  that  "  those  in  power  are  servants 
and  agents;  the  people,  without  their  consent,  may  new-model  the 
government  w^henever  they  think  proper."'"^  As  a  further  list  of 
authorities,  the  Bills  of  Rights  of  the  various  States  were  drawn 
^  upon.  Twenty  of  the  twenty-five  State  constitutions  declared  that 
sovereignty  lay  in  the  people,  and  that  they  had  the  right  to  change 
the  government.  Eight  of  these  constitutions  granted  the  people 
the  right  to  alter  the  form  of  government  "  in  such  manner  as  they 
may  think  proper,"  or  "as  they  may  think  expedient;"  and  Virginia 
specifically  declared  that  "when  any  government  shall  be  found  in- 
adequate or  contrary  to  these  purposes,  a  majority  of  the  community 
hath  an  indubitable,  unalienable,  and  indefeasible  right  to  reform, 
alter,  or  abolish  it,  in  such  manner  as  shall  be  judged  most  con- 
ducive to  the  public  weal."^'''' 

f  In  commenting  upon  these  authorities,  it  is  hardly  necessary  to 
do  more  than  call  attention  to  the  context  to  show  that  they  had  a 
different  back2;round  and  connection  from  that  used  in  this  contro- 
versy.  The  Declaration  of  Independence  was  an  act  of  revolution, 
justified  ftself  by  grievances,  and  called  for  resistance  to  England  as 
a  deduction  from  the  right  of  the  people  to  alter  their  government: 
this  is  simply  a  statement  of  the  right  of  revolution.  In  like  man- 
ner, there  is  no  authority,  in  the  quotation  from  Washington,  for  the 


IIIK     ISSUK.  8IJ 

legal  right  of  the  people  to  alter  their  constitutions  at  will,  without 
the  consent  of  the  existing  government.  Mr.  Justice  Wilson,  in 
the  passage  from  which  the  first  quotation  was  taken,  was  criticis- 
-ing  Blackstone  because  of  his  opinion  that  the  discussion  of  the 
right  of  revolution  did  not  come  under  the  province  of  law.  He 
considered  that  though  "  revolution  principles "  are  not  recognized 
by  the  English  constitution,  yet  the  Iinglish  constitution  cannot 
destrQy_those  principles;  and  he  described  the  principle  that  the  peo- 
ple "  may  change  their  constitution  and  government  w^henever  they 
please"  as  a  "revolution  principle." ^"'^  The  other  sentence  quoted 
from  Mr.  Justice  Wilson  was  taken  from  a  speech  in  the  Penn- 
sylvania convention  which  ratified  the  Constitution  of  the  United 
States.  The  judge  here  desired  to  bring  about  this  ratification, 
which  could  be  the  result  of  nothing  but  a  revolution.  There  is 
nothing  in  the  words  of  Mr.  Justice  Iredell  to  indicate  that  the 
right  spoken  of  was  not  the  right  of  revolution;  the  extract  was 
taken  from  his  speech  in  the  North  Carolina  convention  which 
ratified  the  Constitution  of  the  United  States.  The  Bills  of  Rights 
were,  for  the  most  part,  patterned  after  the  Declaration  of  Inde- 
pendence, and  it  was  evidently  the  intention  of  their  framers  to 
leave  to  the  people,  besides  the  right  to  amend  legally,  the  great 
moral  right  of  revolution.  An  efficient  answer  to  the  assertion;^ 
that  this  was  considered  to  be  a  legal  right  in  Virginia,  at  least,  is 
shown  by  the  fact  that  in  that  State,  by  her  laws,^'"'  "those  who 
may  attempt  to  set  up  a  constitution  of  government,  without  the 
permission  of  the  Legislature,  are  guilty  of  treason,  and  are  liable 
to  be  punished  with  death."  ^""^ 

('*'  It  is  said  that  John   Randolph,   who  opposed   the  insertion    in  the  Virginia  constitution   of   a 
clause   regarding    amendments,    did    so   because    he    "'desired    to    prevent    any    ciiange    for    ages    to 
come,"  declaring   that  "  he  would   as  soon    interpolate   the  marriage  ceremony  with  a  clause  provid- 
ing for  a  divorce."      Elmer,  Spi-tu/t  in  the  I/oiise  of  RipiLScnlativcs,   Feb.   28,    1S45,   p.   6. 
18 


90  THE     DORR     WAR. 

Having  examined  the  state  of  public  opinion  in  Rhode  Island 
at  the  time  of  the  great  constitutional  controversy,  we  are  prepared 
to  examine  the  legitimacy  of  Mr.  Hallett's  argument  that  "  the  right 
of  the  people  to  change,  alter  or  abolish  their  government,  in  such 
manner  as  they  please,  is  a  right,  not  of  force,  but  of  sovereignty." 
It  is  not  necessary  to  discuss  here,  at  great  length,  the  meaning 
and  scope  of  the  words  "sovereign"  and  "sovereignty."  Sov- 
ereignty lies  in  the  people,  associated  into  a  body  politic,  in  their 
political  capacity ;  or,  in  other  words,  in  those  persons  who  possess 
the  elective  franchise.  ^^'^  The  use  of  the  sovereign  power  must  be 
either  regular,  in  accordance  with  the  established  rule,  or  irregular, 
in  opposition  to  the  established  rule,  or  the  constitution  and  laws. 
An  irregular  exercise  of  sovereignty  would  be  a  possibility,  but,  not 
being  regular,  it  cannot  be  called  legal  and  must  be  revolutionary. 
Revolutions  may  be  of  three  kinds  :*'^^  those  causing  war,  like  the 
contest  of  1861-65;  those  that  do  not  result  in  bloodshed,  but 
which  almost  lead  up  to  military  encounters,  such  as  the  "  Dorr 
Rebellion "  proved  to  be ;  and  those  which  are  brought  about  so 
peaceably  that  the  revolutionary  character  is  not  realized,  as  in 
the  case  of  the  adoption  of  the  Constitution  of  the  United  States, 
and  as  would  have  been  the  case  in  Rhode  Island  in  1842,  had 
the  People's  government  quietly  taken  possession  in  the  month  of 
May. 

"I  "The  theory  of  our  political  system  is  that  the  ultimate  sovereignty  is  in  the  people,  from 
whom  springs  all  legislative  authority."  Cooley,  Constitutional  Limitations,  6  Ed  39.  "The 
word  people  itself  presupposes  association — for  if  you  suppose  a  million  of  inhabitants  congregated 
on  a  spot  of  earth  ten  miles  square,  they  would  not  constitute  a  people."  J.  Q.  Adams,  The 
Social  Compact,  7.  "  Sovereignty  resides  in  the  society  or  body  politic ;  in  the  corporate  unit  re- 
sulting from  the  organization  of  many  into  one,  and  not  in  the  individuals  constituting  such  unit, 
nor  in  any  number  of  them  as  such,  nor  even  in  all  of  them,  except  as  organized  into  a  body 
politic  and  acting  as  such."  Jameson,  Constitutional  Com>ention,  §  21.  "As  a  practical  fact  the 
sovereignty  is  vested  in  those  persons  who  are  permitted  by  the  Constitution  of  the  State  to  exer- 
cise the  elective  franchise."     Cooley,   Constitutional  Limitations,   6  Ed.   40. 


THE     ISSUE.  Ill 

[JM.Y.  Hallett  claimed  "the  right  of  sovereignty"  by  the  negative 
argument  that  the  Constitution  of  the  United  States  nowhere  recog- 
nized the  right  of  revolution  ;  but  it  may  be  answered  that  the  con- 
stitution was  formed  in  order  to  perpetuate  a  government  without 
revolutions,  to  give  a  permanent  and  legal  basis  for  the  new  order 
of  things.  The  difificulty  is  in  the  word  "right;"  it  is  a  moral 
right  to  revolt  when  the  evils  of  a  government  are  so  great  that 
revolution  is  less  to  be  feared  than  the  existing  evils ;  but  this  is 
accomplished  only  by  the  breaking  up  of  the  whole  legal  system  : 
it  is  idle  to  talk  of  a  "constitutional  ricrht "  to  ic^nore  the  constitu- 
tion.  Mr.  Hallett's  aflfirmative  argument,  like  that  put  forward  by 
the  Rhode  Island  suffragists,  is  that  such  right  is  granted  by  the 
Declaration  of   Independence  and  various  State   Bills  of  Rights. 

It  would  seem  to  be  fair  to  conclude  that  the  proposed  People's +- 
Convention  could  not  be  legal  or  legitimate ;  it  would  not  be  a  reg- 
ular exercise  of  the  sovereignty,  because  it  was  to  be  held  without 
law  and  in  antagonism  to  the  legal  government  of  the  State.  Yet 
this  conclusion  does  not  exclude  the  possibility  that  the  people  of 
Rhode  Island  might  be  justified  if  it  came  to  be  shown  that  they 
supported  the  convention :  it  is  not  denied  that  they  had  the  right 
of  revolution.  The  suffragists  could  be  justified  in  their  action  only 
through  the  claim  that  they  were  inaugurating  a  peaceful  revolu- 
tion, such  as  that  made  by  the  United  States  when  it  overthrew  the 
Articles  of  Confederation  and  adopted  the  constitution  in  1787-89. 
The  Rhode  Island  movement  in  1841  was  plainly  illegal  and  'i\\e--f~ 
gitimate. 

The  question  remains  whether  it  was  justifiable,  as  was  the 
change  in  the  revolution  of  1776  and  the  virtual,  though  peaceful, 
revolution  in  1789.  Many  subsequent  events  must  be  described 
before  a  properly  considered  conclusion  can  be  reached,  but  it  can- 


92  THE     DORR     WAR. 

^  not  be  gainsaid  that  the  issue  was  between  legaHty  and  revolution  ; 
and  the  ethics  of  the  question  turn  upon  the  query  how  far  a  revo- 
lution was  justifiable  in  this  particular  case. 

A  peculiar  difficulty  must  here  again  be  noticed :  Rhode  Island 
had  no  legal  means  of  amending  the  constitution.  Hence,  the 
question  arose  whether  the  General  Assembly  had  any  more  legal 
right  to  summon  a  convention  than  had  any  other  body.  The  suf- 
frage committee  declared  that  there  was  "no  constitutional  mode  of 
amending  the  government  except  by  the  people  at  large."  ^'^^  But 
the  general  and  self -justifying  method  to  initiate  a  constitutional 
convention!  is  by  the  legally  appointed  officials  of  the  government;  \ 
4"  and  in  RhoHe  Island,)  while  the  charter  did  not  directly  ordain  that 
the  legislature  should  summon  a  convention  to  propose  a  constitu- 
tion, yet  it  did  indirectly  grant  the  power,  by  authorizing  the  Gen- 
eral Assembly  to  make  "  new  forms  of  government."  \ 

Again,  the  general  implied  powers  of  a  legislative  body,  if  no 
clause  is  found  forbidding  it,  would  include  the  right  to  call  a  con- 
vention, perhaps  even  to  submit  amendments  for  ratification.  The 
practically  uniform  custom  in  the  various  States  of  the  Union  ought 
to  have  had  its  influence  in  Rhode  Island ;  the  precedents  in  the 
State  itself  had  always  upheld  this  legislative  right  of  initiation  of 
changes  in  the  fundamental  law ;  the  action  of  the  legislature  in 
submitting  the  question  of  a  convention  to  the  people  in  1821  and 
1822,  and  even  more  the  calls  for  a  convention  in  1824  and  1834, 
were  at  least  indications  of  the  general  belief  that  this  power  be- 
longed to  the  General  Assembly. 

This  question  might  be  examined  from  a  different  point  of  view. 
Conditions  had  changed  since  the  colonial  charter  was  granted  in 
1663;  then  the  colonists  asserted  that  it  was  not  amendable  by  the 
royal    authority    which    gave    it,    and    the    crown    would    permit    no 


THE   issuK.  03 

amendment  by  the  people  of  the  colony.  When,  however,  the  col- 
ony became  the  State  and  the  authority  of  royalty  over  the  pec^ple 
of  Rhode  Island  was  overthrown,  the  Charter  of  1663  lost  its  char- 
ter characteristics  and  only  continued  to  be  a  form  of  government; 
it  was,  after  1776,  the  fundamental  law — the  constitution  of  the 
State  —  and  therefore  could  be  amended  or  superseded  in  the  usual 
way.  That  method  was  the  mitiatory  action  of  the  State  legisla- 
ture. The  fact  that  the  charter  contained  no  provision  for  its  own 
amendment  did  not  render  the  course  of  the  suffrage  party  any  the 
less  illegitimate. 

AUTHOKIIIES.  —  1  Burke's  Rrport,  403-404.  2  Niirl-rs  A\-poi/.  263.  414.  3  Ihirkt'i:  Rt-port. 
852.  4  Turner,  Trial  of  Dorr,  55  ;  Hiirkcs  Report,  946.  .»  Xen'  E)i'^liiudcr,  I.  86.  (J  Way- 
land,  Affairs  of  R)iO(h  Island,  7.  7  Titman,  Reply  to  Morton,  19.  S  Wayland,  Affairs  of  Rhode 
Island,  21.  {)  Channing,  On  the  Duty  of  the  Free  State,  II,  65,69  10  Titman,  Reply  to  A/or- 
ton,  20,  21.  11  Henry  V.  Cranston,  Congressional  Globe,  I  Sess.,  28  Cong.,  1S43-44,  XII,  364. 
12  Wilson,  Works,  I,  17.  13  Wilson,  Works.  Ill,  293.  1-1  Elliott's  Debates,  W ,  9;  Stow, 
4  Ed.,  I,  250.  15  Poore's  Charters  and  Constitutions  :  see,  also.  Jameson,  Constitutional  C-mun- 
tions,  ^  245  ;  Burke's  Report,  36-38.  IG  Wilson,  Works,  I.  20-2 r.  17  Pitman,  Reply  to  Mo/ton, 
20.        18  Jameson,  Constitutional  Conventions,  %  109.       IJ)   Burke  s  Report,  270. 


CHAPTER    VIII. 


THE     CONVENTIONS. 

AS  the  suffragists  had  decided  to  bring  to  an  issue  the  right 
of  the  people  to  express  their  will,  without  regard  to  the 
sanction  of  the  State  authorities,  the  State  Suffrage  Com- 
mittee sent  out  its  own  summons  for  the  People's  Convention, 
setting  Saturday,  August  28,  1841,  as  the  day  for  the  holding  of 
meetings  to  elect  delegates :  this  would  be  three  days  before  the 
official  semi-annual  election  of  Representatives,  at  which,  under 
the  vote  of  the  Assembly,  the  freemen  were  to  choose  delegates  to 
the  Freemen's  Convention.  The  suffragists  thus  plainly  declared 
their  intention  to  anticipate  the  action  of  the  freemen.  The  inter- 
est in  the  proposed  People's  Convention  declined  during  the  sum- 
mer months,  a  natural  result  of  the  season;  but  hand -bills  were 
posted  in  the  various  towns,  calling  attention  to  the  approaching 
day,  and  the  suffrage  leaders  used  every  means  to  bring  out  the 
voters.  The  anti- suffragists  showed  a  remarkable  inability  to  real- 
ize the  importance  of  the  agitation ;  not  until  the  day  of  the  vote 
did  the  leading  Newport  newspaper  note  the  call  for  the  People's 
Convention,  and  then  it  gave  expression  to  its  lack  of  interest  by 
remarking:  "It  is  stated  that  the  Constitution  about  to  be  framed 
by  this  convention  will   be   presented   to   the   General    Assembly  at 


THE     CONVENTIONS.  iJ'J 

their  October  session,   with   a   petition    for  its   adoption   as   tlic   su- 
preme law  of  the  State."  ^'^ 

The  28th  of  August  was  a  rainy  day;  but  7,512  votes  were  cast, 
and  all  the  towns  chose  delegates  except  Westerly,  West  Green- 
wich, and  East  Greenwich.^-*  In  Newport  584  votes  were  reported 
to  have  been  cast,  of  which  number  198  were  given  by  freemen:''^' 
if  this  rate  held  good  throughout  the  State,  about  2,500  freemen 
had  voted,  or  one -quarter  of  the  legal  voters,  and  about  4,600  non- 
freemen  registered  their  desires  for  a  convention,  or  less  than  half 
the  number  of  non- freemen  in  the  State.  While  the  result  suij-Y 
gested  that  it  would  not  need  much  further  agitation  to  prevail 
"ijpon  the  freemen  to  grant  a  liberal  constitution,  the  election  had 
not  the  hoped-for  presumption  of  expressing  the  will  of  the  people, 
inasmuch  as  it  did  not  show  a  clear  majority,  either  of  freemen 
or  of   non-freemen. 

The  persons  nominated  by  the  suffrage  party,  in  the  various 
towns,  met  with  no  opposition,  so  far  as  is  known.  Of  the  eigh- 
teen delegates  from  Providence,  more  than  two -thirds  were  free- 
men, and  at  least  five  of  the  eight  delegates  from  Newport  were 
legal  voters,  and  the  proportion  probably  held  good  throughout  the 
State.  Five  of  these  eighteen  delegates  from  Providence  were  also 
chosen,  on  the  following  Tuesday,  to  represent  the  city  in  the 
Freemen's  Convention.  The  six  "Independent"  candidates  who 
were  defeated  by  the  suffragists  were  leading  citizens  of  the  city, 
such  as  Nehemiah  R.  Knight,  governor  from  181 7  to  1820,  and 
United  States  Senator  from  1823  until  1841  ;  William  G.  Goddard, 
and  William  R.  Staples.  A  spirited  canvass  took  place  in  Provi- 
dence over  the  choice  of  Representatives.  Two  had  been  nomi- 
nated by  both  parties  for  the  contested  places.  John  H.  Clarke 
and    Walter    S.    Burgcs    received    512    and    504    votes    respectively, 


06  THE     DORR     WAR. 

</^while  their  opponents  polled  but  430  and  383.^^^  The  success  of 
the  suffrage  freemen  in  Providence  indicated  the  effects  of  the 
"  Campaign   of    Education." 

The  People's  Convention  met  as  directed,  Monday,  October  4th, 
1 84 1,  and  was  organized  for  business  by  four  o'clock  on  Tuesday 
afternoon.  By  the  following  Saturday  they  had  completed  a  consti- 
tution, and  adjourned  to  meet  again  after  the  people  had  had  time 
to  examine  the  document  and  recommend  changes. ^""^  The  leading 
men  in  the  convention  were :  Thomas  W.  Dorr,  of  Providence ; 
Dutee  J.  Pearce,  of  Newport;  Ariel  Ballou,  of  Cumberland;  John 
1^.  Waterman,  of  Warwick;  Joshua  B.  Rathbun,  of  Tiverton;  Perez 
Simmons,  of  Providence ;  Palemon  Walcott,  of  Smithfield  ;  Dr.  J. 
A.  Brown,  of  Providence;  and  Samuel  H.  Wales,  of  Providence.*''* 
Interest  in  the  sessions  was  slight,  and  the  number  of  spectators 
was  few  ;  and  Mr.  Dorr  is  quoted  as  saying  that  he  was  afraid  that 
the  adjournment  would  prove  the  death-blow  to  the  constitution. 
In  closing  an  editorial,  the  Providence  Journal  said  :  "  It  must  be 
considered  a  curious  spectacle,  and  one  which  no  other  country,  if 
any  other  State,  can  present  —  a  number  of  men  assembled  for  the 
avowed  purpose  of  overthrowing  the  government,  under  which  they 
live,  without  any  authority  from  the  legislative  or  executive  powers, 
and  yet  proceeding  without  opposition  and  without  hindrance.  The 
monstrous  tyranny  of  the  State  government,  which  was  so  loudly  de- 
nounced, was  not  displayed  on  that  occasion," 

The  convention  met  again,  by  adjournment,  on  November  15th, 
and  entirely  completed  its  labors  on  the  18th.  A  few  alterations 
in  the  text  of  the  constitution  were  made,  and  it  was  ordered  to 
be  submitted  to  the  people.'^*  Perhaps  the  most  notable  feature  of 
this  session  was  the  carefully  prepared  address  of  8,000  words  de- 
livered  by   Mr.   Dorr,   on   the   right   of   the  people  of   Rhode   Island 


THE     CONVENTIONS. 


97 


to  form  a  constitution.      Ostensibly  offered   in   response  to  a  query 
whether  a  majority  of  the  qualified  freeholders  was  deemed  requisite 


THOMAS    W.    DORR. 

(fK(IM    an    engraving    of    a    DAGIF.KREOTVI'E    MINIATIKE    15V    A.    I..    DICK.) 


for  the  adoption  of  the   People's   Constitution,   the   speech  reviewed 
the  whole  question,  brought  up  all   the  arguments  for  the  right  of 


98  THE     DORR     WAR. 

the  people  to  make  a  constitution  at  will,  without  the  request  or 
consent  of  the  legislature,  and  closed  by  answering  the  query  as 
follows  :  "  The  freeholders  are  a  part  of  the  people,  though  not  the 
whole  people ;  and  we  are  happy  to  find  the  liberal  portion  of  them 
going  along  wnth  us  in  this  good  work.  Our  ticket  is  so  formed 
that  every  voter  will  respond  to  the  question  whether  he  be  quali- 
fied under  the  existing  laws  or  not.  A  majority  of  the  freeholders 
is  not  necessary  to  our  success ;  but  it  will  be  gratifying  to  find 
them   on   the  right  side."^*^^ 

Leaving  the  discussion  of  the  constitution  framed  by  the  People's 
Convention  until  it  may  be  compared  with  the  Freemen's  Constitu- 
tion, which  was  promulgated  a  few  days  later,  it  is  necessary  here 
to  note  the  controversy  over  the  limitation  of  the  right  of  suffrage 
to  "every  white  male  citizen."'^*  The  questions  of  abolition  and  of 
the  privileges  that  should  be  granted  to  free  negroes  caused  much 
trouble  both  in  and  out  of  the  convention,  and"  as  early  as  the  middle 
of  September,  communications  began  to  appear  in  the  newspapers 
concerning  the  right  of  the  negroes  to  vote.*'°^  Before  the  conven- 
tion acted,  a  remonstrance  was  presented  by  a  "  committee  in  behalf 
of  the  people  of  color,"  holding  that  disfranchisement  simply  from 
"the  existence  of  the  fact  color"  was  unjustifiable;  but  no  attention 
was  paid  to  the  remonstrance,  and  a  few  days  later  a  proposition  to 
strike  out  the  word  "  white  "  received  but  eighteen  votes  out  of  a 
total  of  about  a  hundred. ^"^  At  the  November  session  of  the  con- 
vention, a  communication  was  received  from  the  Rhode  Island  Anti- 
Slavery  Society  asking  permission  to  be  heard  in  opposition  to  the 
insertion  of  the  word  "white."  The  convention  laid  the  letter  on 
the  table,  and  though  permission  was  accorded  to  "  any  citizen  of 
the  State"  to  address  them  on  the  propriety  of  striking  it  out,  the 
word  remained  in  the  constitution.^'^* 


THE     CONVENTIONS.  00 

The  leaders  of  both  parties  were  very  careful  'not  to  permit 
themselves  to  lose  any  votes  by  a  pronounced  adherence  to  aboli- 
tionist principles,  and  doubtless  felt  that  it  would  be  better  to 
postpone  the  question  of  negro  suffrage  until  after  the  adoption  of 
the  constitution.  Hence  the  word  "  white  "  remained  in  the  second 
article;  but,  near  the  close  of  the  constitution,  a  section  was  in- 
serted, which  read  as  follows  :  "  The  General  Assembly  shall,  at 
their  first  session  after  the  adoption  of  this  constitution,  propose  to 
the  electors  the  question  whether  the  word  '  white,'  in  the  first 
line  of  the  first  section  of  article  2  of  the"  constitution,  shall  be 
stricken  out.  The  question  shall  be  voted  upon  at  the  succeeding 
annual  election  ;  and  if  a  majority  of  the  electors  voting  shall  vote 
to  strike  out  the  word  aforesaid,  it  shall  be  stricken  from  the  con- 
titution  ;  otherwise  not."^'^'  The  suffrage  party  thus  permitted  an 
early  vote  upon  it,  without  the  complicated  method  of  adoption 
which  other  amendments  to  the  constitution  must  undergo ;  and, 
as  a  further  concession  to  the  negroes  and  the  abolitionists,  the 
constitution  exempted  those  who  were  excluded  from  voting,  be- 
cause of   their  color,  from   taxation  and  military  duty.^'^^ 

The  oflBcial  Freemen's  Convention  met,  in  accordance  with  the' 
call,  Monday,  November  ist,  1841.  It  proceeded  with  its  work 
slowly  and  with  deliberation,  and  was  not  hastened  by  the  action 
of  the  People's  Convention.  The  P^^ovidcncc  Journal  "^-Axd.'.  "The 
Convention  was  called  before  that  of  the  Suffrage  Associations, 
and  without  any  reference  to  that  movement;  we  think  it  is  clearly 
the  duty  of  the  members  to  ascertain  in  good  faith  the  objects  for 
which  they  were  chosen,  to  make  as  good  a  Constitution  as  they 
can,  and  to  submit  it  to  the  people.  The  views  and  wishes  of  the 
suffrage  party  should  be  regarded  precisely  as  the  views  and  wishes 
of  any  other  respectable  portion  of  our  fellow  citizens.     Their  opiu- 


loo  The   dorr   war. 

ions  deserve  all  the  consideration  to  which  their  weight  may  entitle 
them;  their  threats  (of  such  as  threaten)  deserve  none  at  all.""^' 
The  convention  remained  in  session  two  weeks:  with  regard  to 
the  suffrage,  it  had  in  mind  only  the  desires  and  interests  of  the 
freemen,  but  apparently  the  delegates  did  not  feel  very  clear  as  to 
what  the  freemen  desired.  Adjournment  was  secured  to  February, 
1842,  with  several  sections  undecided  upon:  the  reasons  for  post- 
ponement were  evidently  to  obtain  further  instructions  or  ideas 
from  their  constituents,  and  to  ascertain  what  the  People's  Conven- 
^  tion  would  do  at  its  second  session.  The  delegates  left  the  matter 
of  suffrage  quite  open,  merely  suggesting  for  future  consideration  a 
scheme  of  property  qualification,  excluding  sons  of  freemen.*"^* 

\  The  two  conventions  had  met,  and  as  a  result  two  constitutions 
were  before  the  people.  As  the  two  instruments  are  compared,  it 
will  be  seen  that  each  of  them  devoted  its  first  article  to  a  declara- 
tion of  rights  and  privileges;  the  only  sections  in  the  Bill  of  Rights 
of  the  Freemen's  Constitution  not  found  in  nearly  identical  terms 
in  the  People's  Constitution  are  the  freedom  from  imprisonment  of 
debtors  who  had  turned  over  their  property ;  the  privilege  of  the 
people  to  keep  and  bear  arms;  and  the  prohibition  of  slavery. 
Each  constitution  contained  a  clause  relating  to  the  suspension 
of  the  privilege  of  habeas  corpus,  the  Freemen's  adding  that  the 
authority  of  the  General  Assembly  should  be  required  for  this  pur- 
pose. On  the  other  hand,  we  find  in  the  People's  Constitution 
declarations  of  democracy,  representative  government,  and  "  soul 
liberty;"  a  full  statement  of  the  "self-evident  truths"  of  the 
Declaration  of  Independence;  a  protest  against  the  use  of  "favor 
or  disfavor  in  legislation  toward  any  man,  party,  society  or  relig- 
ious denomination;"  the  right  of  "fugitive  slaves"  to  a  trial  by 
jury ;    and  a  rule  forbidding  calling  in  question  the  religious  belief 


THE     CONVENTIONS.  101 

of  any  witness.  The  more  notable  variation  was  the  declaration, 
by  the  People's  Constitution,  of  the  right  of  the  people  to  ordain 
and  alter  their  government,  and  of  the  right  of  the  jury,  in  crimi- 
nal cases,  to  judge  the  law  as  well  as  the  fact.  The  absence  of 
the  clause  forbidding  slavery,  and  the  attack  upon  the  Fugitive 
Slave  law,  in   the  same  document,  are  noteworthy. 

In  the  suffrage  article  of  the  People's  Constitution  the  right  to 
vote  was  granted  to  "every  white  male  citizen  of  the  United  States, 
of  the  age  of  twenty- one  years,  who  had  resided  in  this  State  for 
one  year,  and  in  any  town,  city,  or  district  of  the  same  for  six 
months,  next  preceding  the  election  at  which  he  offers  his  vote." ''* 
By  the  preliminary  suggestion  of  the  Freemen's  Convention,  suf--"^ 
frage  was  limited  to  the  possessors  of  ^134  worth  of  land,  or  of 
I500  worth  of  taxable  personal  property.  By  each  constitution 
persons  in  the  military,  naval,  or  marine  service  of  the  United 
States  were  not  considered  as  having  acquired  residence;  and  pau- 
pers, lunatics,  criminals,  etc.,  were  excluded.  The  People's  Consti- 
tution also  limited  voting  on  questions  of  taxation  to  payers  of 
a  property  tax.  Each  instrument  required  a  strict  regulation  of 
voters,  and  exempted  electors  from  arrest  on  days  of  election. 

In  the  classification  of  the  departments  of  government  and  the 
grant  of  legislative  power  there  were  few  important  points  of 
divergence :  the  Freemen's  Constitution  retained  for  the  General 
Assembly  some  judicial  powers,  and  forbade  lotteries  in  the  State ; 
the  People's  described  the  process  by  which  a  bill  might  become 
a  law.*^*^^ 

Naturally  the  two  constitutions  differed  materially  in  their  appor-  A 
tionment  of  the   Representatives."^^     By  the   People's  a  fixed  appor- 
tionment  was   made,   granting   two   Representatives  each  to  twenty- 
one   towns ;    one   each    to   Jamestown,   IVIiddletown,  and    Barrington ; 


102  THE     DOkR    WAR. 

three  each  to  Cumberland,  North  Providence,  and  Scituate ;  four  to 
Warwick,  and  five  each  to  Smithfield  and  Newport;  while  each  of 
the  six  wards  of  Providence  might  send  two  Representatives.  Power 
was  given  to  the  General  Assembly,  whenever  necessary,  to  rede- 
termine the  bounds  of  the  wards  of  Providence.  By  the  Freemen's 
Constitution  the  apportionment  was  variable  and  based  on  popula- 
tion :  it  allowed  to  each  town  at  least  two  Representatives,  and  not 
more  than  eight;  4,000  inhabitants  were  sufficient  for  three  Repre- 
sentatives; 6,500  for  four;  10,000  for  five;  14,000  for  six;  18,000 
for  seven;  and  22,000  for  eight.^^^  In  brief,  according  to  the  census 
of  1840,  the  immediate  differences  in  the  two  proposals  were  that 
by  the  People's  Constitution  Providence  would  have  twelve  Repre- 
sentatives instead  of  eight ;  Smithfield  and  Newport  five  instead  of 
four;  and  Jamestown,  Middletown,  and  Barrington  one  instead  of 
two;  but  neither  made  sufficient  allowance  for  future  disturbances 
of  population. 

In  organization  the  Senate  would  be  identical,  except  that  by 
the  People's  Constitution  the  presiding  ofiicer  was  the  Lieutenant- 
Governor,  and  by  the  Freemen's  the  Governor,  but  the  Lieutenant- 
Governor  was  ex -officio  a  member.  ^-°^  The  radical  difference  was 
in  the  apportionment  of  the  Senators.  By  the  People's  Constitu- 
tion there  were  to  be  twelve  districts  and  twelve  Senators ;  by  the 
Freemen's,  sixteen  districts  and  nineteen  Senators.  Providence 
would  have  in  either  case  two  Senators,  and  Smithfield  one,  while 
Newport  was  allowed  two  by  the  Freemen's  and  but  one  by  the 
People's  Constitution. 


'"'This  would  have  allowed,  until  the  census  of  1850,  three  Representatives  each  from  Cumber- 
land, North  I'rovidence,  and  Scituate  ;  four  each  from  Smithfield,  Warwick,  and  Newport  ;  and  eight 
from    I'rovidence. 


TllK     COiNVKNTIONS, 


The  sections  relating  to  impeachments  were  identical  in  the 
two  constitutions/-"  The  rights  and  duties  of  the  executive  power 
were  substantially  the  same/^"^'  The  People's  Constitution  forbade 
the  commander-in-chief  to  march  the  militia  out  of  the  State,  with- 
out their  consent,  or  that  of  the  General  Assembly,  and  provided 
that  the  Governor  should  send  messages  to  the  General  Assembly 
and  require  information  from  military  and  executive  officers  ;  it  also 
arranged  for  an  annual  election  of  a  sheriff  in  each  county.  The 
Freemen's  Constitution  kept  the  power  of  pardons  and  reprieves 
in  the  hands  of  the  General  Assembly,  granting  the  Governor 
the  right  to  reprieve  only  to  the  end  of  the  next  session  of  the 
legislature;  while  the  People's  placed  the  entire  power  over  par- 
dons and  reprieves  in  the  control  of  the  Governor,  except  in  cases 
of  impeachment. 

The  Freemen's  Constitution  provided  for  elections  in  a  manner 
closely  resembling  that  of  the  People's/'^*  and  the  sections  in  the 
Freemen's  Constitution  relating  to  qualifications  for  oflfice  nearly 
all  appear  also  in  the  People's. ^^^^  The  articles  referring  to  the 
judiciary  were  practically  identical  ;  the  only  important  divergence 
being  the  provision  in  the  Freemen's  Constitution  that  the  judges 
of  the  Supreme  Judicial  Court  shall  in  all  cases  instruct  the  jury 
in  the  law.*^~^^  The  articles  relating  to  constitutional  amendments 
did  not  materially  vary;'^'''  the  Freemen's  Constitution  required  a 
three -fifths  vote  of  the  people  to  ratify  amendments,  and  the  Peo- 
ple's but  a  majority.  ^-"^^  Each  constitution  provided  the  means  by 
which  the  people  might  vote  on  the  ratification.^'^*  Most  of  the 
"  General  Provisions "  are  common  to  the  two  instruments :  the 
most  important  sections  not  in  the  Freemen's  are  those  removing 
from   the    General    Assembly   jurisdiction   over  cases   of    insolvency, 


104  THK     DORR     WAR. 

divorce,  etc.  ;'^^*  providing  for  the  referendum  on  the  passage  of 
bills  creating  banks  of  issue  ;*-^*''  and  affirming  the  power  of  the 
General  Assembly  to  amend  or  repeal  all  acts  of  incorporation 
thereafter  granted. ^'^'^ 

^  In  summarizing  these  constitutions,  it  is  seen  that  the  People's 
was  not  only  much  more  liberal,  but  also  more  carefully  and  thor- 
oughly framed ;  and  it  was  more  in  accord  with  modern  ideas  of 
government  and  the  constitutions  of  other  States.  It  is  only  neces- 
sary to  read  the  Freemen's  Constitution  in  order  to  realize  that  it 
was  prepared  by  those  who  would  turn  from  the  beaten  track  only 
so  far  as  they  were  compelled  to  go.  In  the  Bill  of  Rights  the 
People's  Constitution  was,  on  the  whole,  superior  to  its  rival.  In 
its  removal  of  the  judicial  power  and  the  power  of  pardon  from 
the  General  Assembly,  and  in  its  attempt  to  place  the  regulation 
of  banks  of  issue  and  other  incorporated  bodies  in  the  hands  of 
the  people,  it  tended  to  limit  the  "omnipotent  power"  of  the  leg- 
islature. The  suffragists  took  a  very  peculiar  position,  however, 
in  their  claim  that  in  criminal  cases  the  jury  should  judge  the  law 
as  well  as  the  fact. 

While  on  the  general  question  of  apportionment  and  in  com- 
paratively minor  points  the  People's  Constitution  responded  to  the 
complaints  that  had  been  made  against  the  charter  government,  a 
new  question  arose  which  created  new  divergences.  Instead  of 
choosing  the  ten  Assistants,  or  Senators,  at  large,  by  each  consti- 
tution the  Senators  were  to  be  elected  by  districts;  but  in  size  and 
character  these  systems  of  districts  differed.  Neither  apportion- 
ment could  be  considered  satisfactory,  with  reference  to  the  popu- 
lation of  that  time;*^^*  and  both  the  constitutions  showed  a  lack  of 
appreciation  of  the  evils  of  a  fixed  representation,  unchangeable 
except  by  amendments   to   the  constitution.      The  twelve  senatorial 


THK     CONVENTIONS.  105 

districts  of  the  People's  Constitution  avcrac^cd  9,092  inhabitants,  and 
ranged  from  11,586  to  6,476.  These  divergences  from  the  average 
population  might  have  been  obviated."'^ 

Not  so  much  can  be  said  for  the  Senate  apportionment  of  the 
Freemen's  Constitution.  Providence,  with  its  23,172  inhabitants, 
was  assigned  two  Senators ;  while  Newport  town  and  District  Two, 
outside  of  Newport,  each  of  which  had  less  than  S,6oo,  were  also 
•  granted  two.''''  The  average  population  for  a  Senator,  by  the  cen- 
sus of    1840,  was   5,728;    the   actual   figures   ranged   from    11,586   to 

2,835. 

Between  the  two  apportionments  of  Representatives  there  was 
not  much  choice :  though  that  of  the  People's  Constitution  was 
fixed,  it  was  more  in  accord  with  the  population  of  the  time,  giving 
Providence  twelve  instead  of  eight,  and  Smithfield  and  Newport 
five  instead  of  four;  the  three  very  small  towns  might  perhaps  de- 
serve the  two  Representatives  each  allotted  by  the  Freemen's  Con- 
stitution if  the  proposition  be  accepted  that  a  town,  as  a  town,  had 
some  rights. 

Leaving   the   burning   question   of   the   suffrage   out  of   account, 
the   People's  Constitution   seems   in   most   respects   preferable   to   its 
"rival,   though  its  upholders   had   no   reason    to  scorn   the   Freemen's 
/^Constitution;  the  general  provisions  of  the  latter  were  fairly  accept- 
able to   the   ordinary  citizen,  and   seem,  except   in   a  few  points,  to 
^   have    been    unobjectionable    even     to    the    suffragists    themselves ; 
hence  they  were  practically  compelled   to  fall   back  upon  the  main 
Vissue  of  the  suffrage  qualifications. 


('>>  Newport,  with  8,333  population,  mi^ht  iiave  made  a  district  by  itself;  and.  if  Jamestown  and 
New  Shoreham  had  been  annexed  to  District  Nine,  its  number  of  inhabitants  would  have  been  in- 
creased from  7,107  to  8.541. 

(•^'Smithfield's  9.543  and   District   Five's  9.532   were  granted  but  one  Senator  each. 
14 


106  THE     DORR     WAR. 

It  is  not  necessary  to  restate  these  qualifications  or  to  discuss 
them :  the  People's  Constitution  gave  almost  universal  suffrage ; 
the  Freemen's  Convention  had  not  decided  what  to  do.  They 
talked  of  a  tax  qualification,  and  referred  the  matter  to  the  people 
for  advice;  what  would  be  the  final  decision,  no  one  could  tell. 
The  suffragists  seemed  warranted  in  assuming  that  but  little  in- 
crease of  the  franchise  would  be  obtainable  from  the  Freemen's 
Convention.  They  therefore  took  immediate  steps  for  referring 
their  constitution   to   the   people. 


AUTHOKITIKS. — 1  N'e7vport  Mercuiy,  Aug.  28,  1841.  2  New  Ai:;e,  Sept.  3,  1841.  3  A^eiv- 
port  Mercury,  Sept.  4,  1841.  4  Providence  Journal,  Sept.  i,  1S41.  5  N'ew  Age,  Oct.  15,  1841. 
6  Providence  Jour7ial,  Oct  12,  1841.  7  Providence  Journal,  Nov.  ig.  1841.  8  Btirke' s  Report, 
857-864.  9  Art.  II,  People's  Constitution  ;  see  Appendix.  10  Providence  Journal,  Sept.  17, 
Sept.  18,  Sept.  27,  Oct.  I,  Oct.  14,  Oct.  25,  1841.  11  Burke's  Report,  iii  :  Testimony  of  John  S. 
Harris.  12  Burke  s  Report,  113:  Idem.  13  Art.  XIV,  Sec.  22.  People's  Constitution.  14  Art. 
II,  .Sec.  3,  People's  Constitution.  15  Providence  Journal,  Nov.  2,  1841.  IG  Republican  Herald, 
Nov.  17,  1841.  17  Art.  II,  People's  Constitution.  18  Art.  Ill  and  Art.  IV^,  of  both  Constitutions. 
10  Art.  V,  of  both  Constitutions.  20  Art.  VI,  of  both  Constitutions.  21  Art.  VII,  of  both  Con- 
stitutions. 22  Art.  VIII,  of  both  Constitutions.  23  Art.  IX,  Freemen's  Constitution  ;  Art.  X, 
I'eople's  Constitution.  24  Art.  X,  Freemen's  Constitution  ;  Art.  II,  Sec.  10,  Art.  IX,  Sec.  3,  Art. 
IV,  Sees.  3  and  4,  People's  Constitution.  25  Art.  XI,  of  both  Constitutions.  26  Art.  XII,  of 
both  Constitutions.  27  Art.  XIII,  of  both  Constitutions.  28  Art.  XIV,  People's  Constitution  ; 
unnumbered  Article,  Freemen's  Constitution.  29  Art.  IX,  Sec.  4,  People's  Constitution.  30  Art. 
IX,  Sec.  9,  People's  Constitution.       31  Art.  IX,  Sec.  10,  People's  Constitution. 


CHAPTER     IX. 


THE     PEOPLE'S    CONSTITUTION. 

EVEN   if  it  were  conceded   that  the  people  have  the  right,  at 
any  time,  and  without  the  request  or  consent  of  the  existing 
government,  to  frame  a  constitution  for  a  State,  the  adoption 
of  such  constitution  by  the  people  would  need  to  be  closely  scruti- 
nized.     The  method  provided   by  the   People's   Constitution  for  its 
adoption  was  as   follows : 

"  1.  This  constitution  shall  be  submitted  to  the  people,  for  their 
adoption  or  rejection,  on  Monday,  the  27th  day  of  December  next, 
and  on  the  two  succeeding  da3^s ;  and  all  persons  voting  are  re- 
quested to  deposit  in  the  ballot-boxes  printed  or  written  tickets  in 
the  following  form :  I  am  an  American  citizen,  of  the  age  of 
twenty-one  years,  and  have  my  permanent  residence,  or  home,  in 
this  State.  I  am  (or  not)  qualified  to  vote  under  the  existing  laws 
of  this  State.  I  vote  for  (or  against)  the  constitution  formed  by 
the  convention  of  the  people,  assembled  at  Providence,  and  which 
was  proposed  to  the  people  by  said  convention  on  the  iSth  day  of 
November,   1841.'^^ 


("*In  some  of  the  printed  ballots  which  the  suffragists  prepared,  after  the  word  '•  I  "  a  blank- 
was  left,  and  a  star  referred  the  voter  to  the  bottom  of  the  ballot  to  the  direction  :  "  Write  your 
name  in  this  place."     In   most  cases  there  was   no   blank   space,  and   the  name   was  signed   at  the 


108  THE     DORR     WAR. 

"  2.  Every  voter  is  requested  to  write  his  name  on  the  face  of 
his  ticket;  and  every  person  entitled  to  vote  as  aforesaid,  who,  from 
sickness  or  other  cause,  may  be  unable  to  attend  and  vote  in  the 
town  or  ward  meetings  assembled  for  voting  upon  said  constitu- 
tion, on  the  days  aforesaid,  is  requested  to  write  his  name  upon  a 
ticket,  and  to  obtain  the  signature,  upon  the  back  of  the  same,  of 
a  person  who  has  given  in  his  vote,  as  a  witness  thereto.  And 
the  moderator  or  clerk  of  any  town  or  ward  meeting  convened  for 
the  purpose  aforesaid,  shall  receive  such  vote,  on  either  of  the  three 
days  next  succeeding  the  three  days  before  named  for  voting  on 
said  constitution.  ^^^ 

"  3.  The  citizens  of  the  several  towns  in  this  State,  and  of  the 
several  wards  in  the  city  of  Providence,  are  requested  to  hold  town 
and  ward  meetings  on  the  days  appointed,  and  for  the  purpose 
aforesaid ;  and  also  to  choose,  in  each  town  and  ward,  a  moderator 
and  clerk,  to  conduct  said  meetings,  and  receive  the  votes. 

"  4.  The  moderators  and  clerks  are  required  to  receive,  and 
carefully  to  keep,  the  votes  of  all  persons  qualified  to  vote  as 
aforesaid,  and  to  make  registers  of  all  the  persons  voting ;  which, 
together  with  the  tickets  given  in  by  the  voters,  shall  be  sealed  up 
and  returned  by  said  moderators  and  clerks,  with  certificates  signed 
and  sealed  by  them,  to  the  clerks  of  the  convention  of  the  people, 
to  be  by  them  safely  deposited  and  kept,  and  laid  before  said  con- 
vention, to  be  counted  and  declared  at  their  next  adjourned  meet- 
ing, on  the   1 2th  day  of  January,   1842."^''* 


bottom  of  the  ballot.  After  the  words  "  I  am,"  in  the  third  line,  a  space  was  left,  and  on  some 
of  the  ballots  a  reference  to  the  foot-note,  "Write  the  word  ;/('/,  if  you  are  not  a  voter."  In  the 
next  line,  space  was  reserved  for  the  insertion  of  the  words  "for"  or  "against."  A  sample  ballot 
read  as  follows  : 

1776.  [E,\glk]  1841. 

Adoption   of  the   Constitution   of  Rhode  Island. 

Pkoi'I.k's  Tickkt. 

—  Ihirkes  Report,  354-355. 

""The  uni()ue  method  of  proxy- voting  is  not  difficult  of  comprehension  ;  in  brief,  any  friends  of 
the  constituti(jn  had  the  privilege  of  bringing  to  the  meetings  the  names  of  any  who  were  willing  to 
sign  their  names  merely,  without  troubling  themselves  further. 


THE   people's  constitution.  109 

The  voting  was  held  on  the  appointed  days,  at  these  unofficial 
ward  and  town  meetings,  in  all  the  towns  of  the  State.  The  char- 
acter of  the  meetings  may  be  judged  from  the  testimony  of  a  few  of 
those  especially  interested.  One  witness  said  :  "  I  acted  as  moder- 
ator in  the  sixth  ward  of  the  city  of  Providence  at  the  time  the 
vote  was  taken  on  the  adoption  of  the  people's  constitution  ;  and, 
as  such,  endeavored  to  have  the  voting  conducted  with  as  much 
fairness,  and  with  as  "great  a  desire  to  prevent  fraudulent  or  illegal 
voting,  as  ever  was  done  in  any  other  similar  ward  meeting.  Great 
care  was  taken  by  me,  as  the  presiding  officer  of  that  meeting,  that 
no  one  should  vote  but  such  as  had  the  right  by  the  provisions  of 
said  constitution.  Votes  were  rejected  by  me  on  that  occasion ; 
and  I  do  not  now  know  of  a  single  vote  remaining  on  the  register, 
or  among  the  ballots,  which  is  not  a  good  vote."'-'  The  testimony 
of  another  prominent  suffragist  was  to  the  point :  "  I  was  present 
at  the  meetings  for  voting  for  the  people's  constitution  in  the  town 
where  I  resided  (Smithfield),  and  which  cast  more  than  1,300  votes 
for  that  constitution.  Although  not  an  officer  of  said  meetings,  I 
took  an  active  part  therein,  and  can  unhesitatingly  say  that  the 
voting  was  carried  on  with  the  utmost  good  faith,  and  with  a  deter- 
mination not  to  receive  the  votes  of  any  persons  not  competent  by 
the  provisions  under  which  they  were  voting.  .  .  .  From  all  my 
knowledge  of  the  voting  at  the  time,  with  all  I  have  since  learned, 
I  am  very  fully  of  opinion  that  a  less  number  of  illegal  votes  were 
polled  for  that  constitution  than  in  any  contested  election  held 
in  the  State  for  many  years." ^^'  A  former  suffragist,  after  he  had 
abandoned  his  fellow -workers,  testified  as  follows:  "Of  the  manner 
in  which  these  meetings  and  the  voting  were  conducted,  (except  at 
the  3d  ward  polls  in  the  city  of  Providence,  where  I  attended  my- 
self,)  I  can  say  nothing ;    though  it  was  then,  and   has   been   since. 


110 


THE     DORR     WAR. 


supposed  that  uniformity  prevailed,  in  a  great  measure,  in  most 
parts  of  the  State.  In  the  above-named  ward,  no  evidence  was 
required  ...  of  the  qualification  to  vote  of  any  one  who  offered, 
except  his  own  yea  or  nay;  and  even  of  foreigners,  strangers,  or 
otherwise,  no  naturalization  papers,  or  other  evidence  of  citizenship, 
was  required.  During  the  last  three  days,  or  days  of  proxy-voting, 
I  was  informed  by  the  warden  or  moderator,  and  clerk,  that  a  large 
number  of  votes  were  deposited  in  the  ballot-box,  which  had  been 
received  from  seamen  and  others,  then  absent,  previous  to  their  de- 
parture." ^^^ 

The  result  of  the  vote  was  duly  announced  by  the  People's 
Convention,  which  met  again  January  12,  1842,  and  appointed  a 
committee  of  twenty- five  to  examine  and  count  the  votes  cast  on 
the  27th  day  of  December  and  the  five  subsequent  days.^^'  This 
committee  canvassed  the  returns,  and  reported,  January  13,  as  fol- 
lows : 

I'Veemen.     Non-Freemen.  Total. 


Providence  County, 

•  2,933 

5734 

8,667 

Newport  County,     .     . 

.      639 

1,200 

1,839 

Washington  County,    . 

.      572 

735 

i>307 

Kent  County,       .     .     . 

•      533 

970 

i>503 

Bristol  County,    .     .     . 

.      283 

345 

628 

4,960       8,984        13,944 


'•■'As  the  officers  of  this  convention,  together  with  this  committee,  must  have  been  among  the 
leading  men  of  the  party,  a  list  of  their  names  seems  important.  President :  Joseph  Joslin,  of  New- 
port. Vice-Presidents  :  Wager  Weeden,  of  South  Kingstown  ;  and  Samuel  H.  Wales,  of  Providence. 
Secretaries:  William  II.  Smith  and  John  S.  Harris.  Committee:  William  James  (chairman),  John  R. 
Waterman,  Dutee  J.  Pearce,  David  Daniels,  Oliver  Chace,  Jr.,  Roljert  R.  Carr,  Ariel  Ikillou,  Thomas 
W.  Dorr,  Samuel  T.  Hopkins,  Alfred  Reed,  William  C.  Barker,  Abner  Haskell,  Alexander  Allen, 
Willard  Hazard,  Welcome  B.  .Sayles,  .Sylvester  Himes,  Israel  Wilson,  Jonathan  Remington,  Christopher 
Smith,  I'.lisha  G.  Smith.  Samuel  Luther,  Erasmus  D.  Campbell,  Nathan  Bardin,  Joshua  B.  Rathbun, 
and  Natiian  A.  Brown. 


THE   people's   constitutiox.  Ill 

The  committee  added  to  the  table  the  following  explanatory 
statement:  "The  whole  number  of  males  in  this  State,  over  the 
age  of  twenty-one  years,  as  nearly  as  can  be  ascertained  ...  is 
26,142.  Deducting  at  a  moderate  computation  3,000  persons  who 
are  not  citizens  of  the  United  States,  etc.,  .  .  .  the  remainder  is 
23,142,  of  whom  a  majority  is  11,572.  The  constitution  has  re- 
ceived 873  votes  more  than  one -half  of  all  the  adult  males  in  the 
State,  and  2,372  more  than  half  of  all  those  qualified  to  vote  for 
said  constitution  by  citizenship,  age,  and  residence,  and  an  actual 
majority  of  4,746.  ...  Of  the  persons  who  voted,  4,960  are  quali- 
fied voters  under  the  existing  laws  of  the  State.  The  greatest 
number  of  votes  ever  polled  by  said  voters  w^as  8,622  ;  .  .  .  of  this 
number,  a  majority  of  1,298  have  voted  for  the  constitution, —  mak- 
ing, also,  as  your  committee  believe,  a  majority  of  all  the  freemen 
of  the  State.  The  committee  have  found  all  the  returns  of  votes 
from  the  several  towns  and  wards  to  have  been  regularly  made, 
and  accompanied  with  lists  of  all  the  persons  voting,  which  lists 
enumerate  the  qualified  voters,  and  those  who  are  not.  Every 
voter  has  signed  his  name  upon  his  ticket ;  and  the  committee 
believe  that  both  the  votino-  and  the  returns  have  been  as  resiular 
and  accurate  as  at  any  election  ever  held  in  this  State.  .  .  .  The 
committee  report  to  the  convention,  as  the  result  of  their  examina- 
tion and  count  of  the  votes,  that  the  constitution  proposed  to  the 
people  by  said  convention  on  the  i8th  day  of  November  last,  has 
been  adopted  by  a  large  majority  of  the  citizens  over  the  age  of 
twenty-one  years,  having  their  permanent  residence  in  the  State. "^''' 

The  committee's  report  was  accepted  and   the   following  resolu--^ 
tions   were   adopted    by   the    convention :    "  Whereas,  by   the   return 
of  the  votes  upon  the  constitution,  proposed  to  the  citizens  of  this 
State   by   this   convention   on   the    i8th   day   of    November,    1841,   it 


112  THE     DORR     WAR. 

satisfactorily  appears  that  the  citizens  of  this  State,  in  their  original 
and  sovereign  capacity,  have  ratified  and  adopted  said  constitution 
by  a  large  majority;  and  the  will  of  the  people,  thus  decisively 
made  known,  ought  to  be  implicitly  obeyed  and  faithfully  exe- 
cuted :  We  do,  therefore,  resolve  and  declare  that  said  constitution 
rightfully  ought  to  be,  and  is,  the  paramount  law  and  constitution 
of  the  State  of  Rhode  Island  and  Providence  Plantations.  And 
we  do  further  resolve  and  declare,  for  ourselves,  and  in  behalf  of 
the  people  whom  we  represent,  that  we  will  establish  said  constitu- 
tion and  sustain  and  defend  the  same  by  all  necessary  means.  Re- 
solved, That  the  officers  of  this  convention  make  proclamation  of 
the  return  of  the  votes  upon  the  constitution  ;  and  that  the  same 
has  been  adopted,  and  has  become  the  constitution  of  this  State ; 
and  that  they  cause  said  proclamation  to  be  published  in  the  news- 
papers of  the  same.  Resolved,  That  a  certified  copy  of  the  report 
of  the  committee  appointed  to  count  the  votes  upon  the  constitution, 
and  of  these  resolutions,  and  of  the  constitution,  be  sent  to  his 
excellency  the  Governor,  with  a  request  that  he  communicate  the 
same  to  the  two   Houses  of  the  General  Assembly."  ^^^ 

k  The  suffrage  leaders  had  now  carried  their  plan  through,  and 
had  declared  their  constitution  the  fundamental  law  of  the  State, 
in  place  of  the  charter.  In  a  previous  chapter  it  was  stated  that  a 
legal  adoption  of  a  constitution  ordinarily  required  other  methods 
than  those  which  were  used  by  the  supporters  of  this  constitution. 
Even  if  the  claim  of  the  suffragists  was  legitimate,  we  should  ex- 
pect to  find  a  constitution,  prepared  by  a  convention  whose  dele- 
gates had  been  elected  by  a  majority  of  the  people,  and  then 
adopted  by  a  majority  of  the  people,  so  that  both  proposition  and 
ratification  of  the  fundamental  law  of  the  State  might  at  least  rep- 
resent the  will  of  the  people.      It   is  clear  that   the  delegates  were 


TiiK   pkoplk's   constitution.  113 

not  chosen  by  a  majority  of  the  freemen  nor  of  the  non- freemen; 
it  is  necessary  now  to  consider  whether  the  constitution  was  rati- 
fied by  an  affirmative  vote  of  more  than  lialf  the  so-called  qualified 
voters. 

The  convention  declared  the  constitution  adopted,  because  rati- 
fied "  by  a  majority  of  the  people."  Of  what  people  ?  According 
to  the  committee,  of  the  males,  over  twenty-one  years,  who  are 
citizens  of  the  United  States,  and  have  a  permanent  residence 
within  the  State.  Accepting  their  estimate,  and  their  exclusion  of 
those  under  guardianship,  insane,  and  criminals,  and  ignoring  the 
80,000  or  more  women  and  children  in  the  State,  the  number  of 
"the  people"  was  very  likely  not  far  from  their  figure  of  23,142. 
The  suffragists  then  claimed  that  the  constitution  was  adopted  on 
the  ground  that  13,944  of  these  23,142  —  a  majority  of  4,746  —  had 
ratified  it.  Then,  according  to  the  convention,  we  must  conclude 
that  the  constitution  would  not  have  been  adopted  if  there  had 
been,  in  this  list  of  13,944,  as  many  as  2,373  improper  votes;  for 
then  the  remaining  11,571  votes  would  have  been  a  minority  of 
the   23,142  qualified  voters. 

What  is  the  historic  probability  that  the  elections  were  so  care- 
fully conducted  that  there  were  not  two  or  three  thousand  votes 
cast  contrary  to  the  limitations  formulated  by  the  People's  Constitu- 
tion itself?  Were  the  opportunities  for  intentional  or  unintentional 
errors  many  or  few  ?  How  honest  were  the  intentions  of  the  men 
who  were  behind  this  movement  ?  To  answer  all  these  questions 
there  is  not  sufficient  evidence.  On  one  point,  however,  it  is  safe 
to  make  an  assertion  :  many  of  the  leaders  were  honest  in  their 
intentions  and  in  their  acts  ;  they  had  a  thorough  belief  in  their 
theory  of  the  rights  of  the  people ;  and,  in  the  case  of  many  of 
them,  there  can  be   no  question  that  they  would  have   dropped  the 


114  THE     DORR     WAR. 

matter  if  they  had  felt  that  the  number  of  votes  reached  only  about 
11,000  instead  of   14,000. 

Nevertheless,  no  one  can  suppose  that  among  the  seventy- two 
moderators  and  clerks  of  these  town -meetings,  entirely  isolated  in 
the  thirty- six  polling  places, ^'^^  there  would  be  no  attempt  to  use 
deceit  to  aid  their  cause.  A  very  important  piece  of  evidence  was 
the  votes  themselves,  with  the  names  of  the  voters  written  upon 
them,  as  well  as  the  lists  of  the  voters  ;  these  were  carefully  pre- 
served and  examined  by  the  "  select  committee,"  and  the  list  of 
names  was  printed, ^'^  but  after  a  short  time  no  one  was  permitted 
to  examine  it.  It  is  very  certain  that  this  list  included  some  names 
absolutely  fictitious  ;  some  names  of  sailors  then,  and  for  at  least 
two  months  previous,  at  sea  ;  some  names  of  dead  persons  ;  some 
unnaturalized  aliens  ;  and  some  persons  in  the  employ  of  the  United 
States. ^^"^  The  accuracy  of  the  list,  as  well  as  of  the  votes,  depends 
upon  the  integrity  of  the  election  ofificers.  They  were  not  under 
oath,  but  oaths  were  not  required  of  the  regular  officials  in  the  legal 
town  -  meetings  ;®  official  party  inspectors  or  supervisors  at  the  polls 
were  not  then  customary.  The  principal  reason  for  distrust  is  that 
the  usual  individual  watchfulness  of  interested  opponents  was  lack- 
ing ;  those  opposed  to  the  constitution,  almost  without  exception, 
remained  away  from  the  polls,  so  that,  according  to  the  returns, 
but  46  votes  out  of  nearly  14,000  were  cast  against  the  constitution, 
and  these  in  but  six  of  the  thirty- one  towns. 

Another  usual  check  was  absent ;  there  could  be  no  legal  pun- 
ishment for  any  person  who  stated  a  falsehood  upon  his  ballot.  He 
might  not  be  an  American  citizen  ;  he  might  have  failed,  intention- 
ally or  from  carelessness,  to  insert   the  word   "not"  before  "a  free- 

"'* 'lliere  were  thirty-six  towns,   and  six  wards  in  the  city  of   Providence. 
"■'  As,   for  example,   tlie  soldiers  at   l''ort   Adams. 


THE   people's   constitution.  115 

man;"  he  might  have  been  less  than  twenty-one  years  of  age;  and 
yet  his  statement,  on  his  ballot,  would  be  all  the  proof  required 
that  he  possessed  the  necessary  qualifications  of  a  voter.  I{ven  the 
honest  people  might  have  been  unintentional  participants  in  a  fraud. 
In  an  election  designed  to  show  that  the  people  of  Rhode  Island 
had  made  a  change  of  government,  the  ordinary  precautions  and 
checks  were  here  lacking. 

Since  2,400  out  of  the  14,000  votes  cast  would  vitiate  the  result, 
on  the  theory  of  the  suffragists  themselves,  more  than  five  votes 
out  of  six  must  be  undoubted  in  order  to  give  assurance.  Accord- 
ing to  the  convention  report,  only  about  10,200  persons  voted  for 
the  constitutions  on  the  first  three  days ;  then  came  a  proxy  vote 
of  over  3,800.^^*  The  opportunities  for  fraud  were  thus  increased 
many  fold.  Perhaps,  had  the  question  been  sifted  at  the  time,  it 
might  have  been  once  for  all  decided  before  the  lists  of  names  were 
withdrawn  from  investigation ;  ^^^  but  the  General  Assembly  took  the 
ground  that  the  whole  movement  was  extra-legal,  and  that  they 
would  have  nothing  to  do  with  it,  and  refused  to  make  any  inves- 
tigation of  the  vote.  Charges  of  fraud  at  the  time  bore  mainly  on 
the  question  of  the  number  of  freemen  voting; -^'^  they  are  of  little 
value  as  evidence,  and  have  almost  no  bearing  upon  the  question 
of  the  total  vote  cast. 

One  reason  why  claims  of  illegality  were  few,  in  the  first  months 
of   1842,  was  that   the  anti- suffragists   speedily  took  the  ground  of 


("  As  early  as  January  22,  1S42,  the  Providence  Journal  requested  permission  to  copy  the  list  for 
publication,  but  was  refused  Providence  Journal,  Jan.  28,  1842.  This  is  not  surprising,  for  who 
could  trust  the  list  in  the  hands  of  most  bitter  opponents  of  the  constitution  ? 

(s)  "  III  Providence,  of  the  1,059  Freemen's  votes,  375  were  not  on  the  ward  lists  ;"  "  in  Coventry, 
of  the  157  Freemen's  votes,  40  never  were  Freemen  ;"  "of  the  17  Freemen's  votes  in  West  Clreenwicli, 
10  were  not  Freemen  ;"  "in  Cumberland,  some  of  the  votes  were  cast  by  citizens  of  Massachusetts  ;" 
"of  the  309  Freemen's  votes  in  Warwick,  but  185  were  on  the  town  clerk's  list."  Providence  Journal, 
Jan.  28,  1842. 


116  THE     DORR     WAR. 

the  General  Assembly,  viz.:  that  the  presence  or  absence  of  fraud- 
ulent voting  had  no  effect  upon  the  question,  since  the  whole 
movement  was  illegal.  An  examination  was,  however,  later  made 
of  the  votes  cast  in  Newport,  and  a  list  of  the  fraudulent  votes 
was  published  in  the  leading  opposition  newspaper;  this  showed 
562  unauthorized  ballots  out  of  the  1,203  votes  cast;^''^  that  there 
were  frauds  in  Newport  is  undeniable,  though  the  degree  of  them 
may  have  been  exaggerated.  Even  the  suffrage  party  could  not 
deny  the  possibility  of  fraud  in  all  the  elections,  and  in  the  case 
of  Newport,  they  made  only  a  lame  attempt  to  show  that  no  fraud 
was  intended  i*^"^-*  but  a  witness  before  the  "select  committee"  tes- 
tified :  "  I  am  aware  that  charges  of  fraudulent  voting,  on  the 
question  of  the  adoption  of  the  people's  constitution,  have  been 
made  by  the  charter  party;  but  I  never  have  seen  anything  but 
general  and  vague  assertions,  except  with  regard  to  the  town  of 
Newport.  That  party  made  charges  of  that  character  against  that 
town,  and  published  a  list  of  those  who,  they  say,  had  no  right  to 
vote.  I,  at  the  time,  sought  information  from  our  friends  with  re- 
gard to  the  fact;  and  it  is  but  just  to  say  that  there  were  votes 
received  in  that  town,  as  I  have  been  informed,  which  ought  not 
to  have  been  ;  but  the  reason  given  at  the  time  for  receiving  them 
was,  that  they  were  included  in  the  census,  and,  if  not  taken,  our 
side   would    be    counted    against   us    by    our   opponents.      The    list 


"''The  Providence  Journal,  Feb.  7,  1843,  is  responsible  for  tlie  following  table  of  fraudulent  votes 
in  Newport  : 

Unnaturalized  foreigners,         ....       251        I        Fancy  names, 61 


United  States  soldiers,     .....  53 

Residents  of  other  towns,        ....  40 

At  sea, 56 

Minors 16 

Other  persons  absent,       .....  30 

Voted  twice,      .......  19 

Variations  on  names  of  residents,           .  6 


Without  consent  of  parties,    ....  13 

Colored  persons,        ......  5 

Pauper,       ........  i 

Insane,        ........  i 

Making  in  all,         .....  552 


THE   people's   constitution.  117 

published  as  bad  voters  by  the  charter  party,  I  kiionj  is  not  true; 
but  how  many  of  those  that  I  have  spoken  of  there  were  I  cannot 
say.     My  informant  estimated  them  at  less  than   200."^^'' 

Both  a  priori  reasoning  and  positive  evidence,  therefore,  cast  i 
doubt  on  the  tabulated  results  of  the  election  ;  the  chances  of  fraud 
were  great;  the  protection  slight;  and  the  temptation  large.  If, 
as  admitted,  there  were  frauds  in  Newport,  to  the  number  of  200 
out  of  1,203,  then  many  of  the  13,944  were  not  properly  cast. 
That  there  were  2,373  wrongful  votes  can  neither  be  proved  or 
disproved  ;  but  where  so  much  depended  on  getting  a  decisive  re- 
sult, to  show  public  opinion,  the  suffragists  had  not  made  out  a 
clear  case. 

Some  light  is  thrown  upon  this  all -important  question  by  pop- 
ular votes  subsequently  taken.  In  March,  1842,  the  people  were 
called  upon  to  vote  on  the  adoption  of  the  Freemen's  Constitution. 
The  number  of  votes  cast  at  that  time  was  16,702;  then  two 
classes  of  persons  qualified  to  vote  for  the  People's  Constitution 
were  excluded  from  voting  on  this  occasion  ;^"^  8,689  votes  only 
were  cast  against  that  constitution,  though  the  suffrage  leaders 
were  opposed  to  it  and  had  publicly  advised  their  adherents  to 
vote  against  it.  The  8,013  affirmative  votes  must  have  been  cast 
almost  altogether  by  people  who  did  not  vote  for  the  People's  Con- 
stitution. There  were  not,  in  any  computation,  enough  qualified  -' 
citizens  to  cast  14,000  votes  in  December,  and  8,000  voters  in 
March.  And  what  had  become  of  over  5,000  voters  who  favored 
the  People's  Constitution  in  December,  but  would  not  come  out 
against  the  Freemen's  Constitution  in  March?  In  April,  1842, 
upon  the  election  of  officers  under  the  People's  Constitution,  there 

(''Naturalized  citizens,  who  did  not  own  %i'}t\  worth  of  land,  and  persons  who  had  not  resided   in 
the  State  two  years.       These  two  classes  did  not  include  a  large  number. 


118  THE     DORR     WAR. 

was  a  total  of  only  6,004  votes  cast;  in  this  case,  however,  every 
such  voter  was  making  himself  liable  to  punishment  for  a  breach 
of  laws  passed  by  the  charter  government,  forbidding  the  holding 
of  these  elections  by  the  suffragists,  whom  their  opponents  had 
^  begun  to  style  the  upholders  of  "  Suvverihitiy."  This  comparison 
of  votes  appears  to  have  affected  the  mind  of  one  of  the  ablest  of 
the  suffrage  leaders,  Samuel  Y.  Atwell,  of  Glocester.  "  He  had 
never  spoken  or  written  anything,  which  said,  implied,  or  included 
the  assertion,  that  the  People's  Constitution  is  the  paramount  law  of 
the  land.  That  opinion  would  depend  on  the  fact,  whether  a  ma- 
jority of  the  people  of  this  State  had  voted  for  that  constitution. 
Of  this  he  had  never  been  satisfied.  Many  things  had  led  him  to 
doubt  it,  and  especially  the  vote  upon  the  last  constitution.  That 
result  had  made  it  a  great  matter  of  doubt,  whether  a  majority  of 
the  people  of  the  State  were  in  favor  of  that  constitution,  and  of 
course  whether  it  had  ever  been  adopted." *'^^  And  thus  we  must 
leave  the  question:  "It  is  a  jnatter  of  doubt."  ^-"^ 


''•Too  much  credit  should  not  be  given  to  the  Rfniiniscences  of  a  Journalist,  the  volume  written 
by  Charles  T.  Congdon,  the  editor  of  the  Express  ;  but  his  statement  should  at  least  be  noted  :  "  The 
I'eople's  Constitution  was  never  fairly  adopted  by  a  majority  of  the  people.  Whatever  deficiency  was 
anticipated  was  supplied  by  proxy  votes,  and  by  the  managers  of  the  movement,  in  the  name  of  the 
dead,  the  absent,  the  non-existent  everywhere."     Congdon,  115. 

Aui'iiORiTiES. — 1  Art.  XIV,  People's  Constitution.  Other  details  are  omitted  here,  as  not  essen- 
tial to  this  discussion.  2  Burke  s  Report,  104  :  Testimony  of  John  S.  Harris.  3  Burke's 
Report,  253-254  :  Testimony  of  Welcome  B.  Sayles.  4  Burke' s  Report,  664  :  Testimony  of  Jacob 
Frieze,  o  Burke's  Report,  438-439.  6  Burke's  Report,  436-437.  7  Burke's  Report,  476-622. 
<S  Reviezv  of  Way  land,  23  (foot-note).  9  Burke's  Report,  353.  10  Republican  Herald,  Dec. 
31,  1842.  11  Burke's  Report,  104:  Testimony  of  John  S.  Harris.  12  Apr.  2,  1842,  in  the 
General  Assembly,  Mr.  Atwell  is  thus  reported.  Providence  Express,  Apr.  4,  1842  ;  New  Age, 
Apr.  9,  1842  ;   Providence  Journal,   Apr.  4,  1842  ;    Potter,    Considerations,   5  (foot-note). 


CHAPTER    X. 


THE    FREEMEN'S    CONSTITUTION. 

THAT  the  formation  and  declared  adoption  of  the  People's 
Constitution  had  its  effect  upon  the  conservative  party  is 
plainly  shown,  by  the  action  taken  by  the  General  Assem- 
bly in  January  as  well  as  by  the  Freemen's  Convention  in  February. 
The  demand  of  public  opinion  for  increased  suffrage  had  finally, 
become  so  strong  that  the  General  Assembly  saw  the  necessity  of 
Sfrantino^  a  laro^er  measure  of  relief.  Since  it  was  evident  that  the 
Freemen's  Convention  would  considerably  enlarge  the  franchise,  it 
seemed  best  to  almost  the  entire  membership  of  the  legislature  to 
permit  a  larger  number  of  citizens  to  vote  on  the  adoption  of  the 
constitution  than  the  existing  laws  allowed.  Perhaps  the  strongly- 
urged  claim  of  the  suffrage  party  that  a  constitution  should  be 
adopted  by  a  majority  of  the  people  —  which  expression  meant,  in 
iheir  minds,  a  majority  of  the  male  residents  —  may  have  had  its 
influence   on   the   General    Assembly. 

'  An  extension  of  the  suffrage,  therefore,  came  near  being  made 
by  the  Assembly :  a  motion  in  the  House  to  grant  the  suffrage, 
on  all  questions,  "to  all  male  citizens,  of  lawful  age,  natives  of  the 
United  States,  resident  two  years  in  the  State  and  six  months  in 
the  town,"*'^  was  only  defeated  by  a  vote  of  37  to  30,*-'  in  order  to 


120  THE     DORR     WAR. 

substitute  in  its  place  the  following  provision,  which  would  throw 
the  responsibility  upon  the  convention  :  "  Whereas  the  good  people 
of  this  State  having  elected  delegates  to  a  convention  to  form  a 
constitution,  which  constitution,  if  ratified  by  the  people,  will  be  the 
supreme  law  of  the  State  :  therefore,  be  it  enacted  by  the  General 
Assembly  as  follows  :  All  persons  now  qualified  to  vote,  and  those 
who  may  be  qualified  to  vote  under  the  existing  laws  previous  to 
the  time  of  such  their  voting,  and  all  persons  who  shall  be  qualified 
to  vote  under  the  provisions  of  such  constitution,  shall  be  qualified 
to  vote  upon  the  question  of  the  adoption  of  said  constitution."'^^ 
All  eyes  were  now  turned  upon  the  approaching  adjourned 
meeting  of  the  Freemen's  Convention.  In  January,  Joseph  Veazie, 
a  delegate  from  Providence,  resigned,  on  the  ground  that  the  peo- 
ple had  already  adopted  a  constitution;'''^  whereupon  the  General 
Assembly  passed  an  act  requesting  the  freemen  of  the  various  towns 
to  fill  any  vacancies  in  the  delegations  from  such  towns  ;*^'  and  a 
special  election  was  held  in  Providence,  early  in  February,  at  which 
the  noticeably  small  total  of  136  votes  was  cast,  and  J.  H.  Clarke 
elected.  The  other  five  pro -suffrage  delegates,  in  spite  of  their 
dual  membership  in  both  conventions,  did  not  resign,  even  though 
1/  repeatedly  urged  by  the  newspapers  to  define  their  position.  In 
the  adjourned  session  of  the  Freemen's  Convention  a  proposition  to 
ratify  the  People's  Constitution,  and  another  to  adjourn  because  its 
work  was  unnecessary,  was  rejected.  With  regard  to  the  trouble- 
some franchise  problem,  while  it  did  not  go  as  far  toward  universal 
suffrage  as  the  People's  Convention,  its  liberality  seems  remarkable 
in  view  of  its  carefully  guarded  suggestion  in  November.  The  re- 
vised suffrage  article  of  the  Freemen's  Constitution,  as  definitely 
determined  by  the  convention  in  February,  was  a  close  approxima- 
tion   to    that    of    the    People's    Constitution.      It   differed    from    the 


TiiK    fkp:emen'.s    constitution.  121 

latter  in  denying  the  suffrage  to  naturalized  citizens  of  less  than 
three  years'  residence  and  not  possessing  the  freehold  quahfication  ; 
and  in  demanding  at   least  two  years'  residence  of  all  voters."'' 

Meanwhile  the  People's  Constitution  had  been  brought  before 
the  General  Assembly.  January  ii,  1842,  Mr.  Atwell  presented  a 
bill  to  alter  the  day  of  annual  election,  to  dissolve  the  constitu- 
tional convention,  and  to  adjourn  the  General  Assembly  in  May 
sine  rt^z>."*  This  was  the  day  before  the  adjourned  meeting  of  the 
People's  Convention,  and  therefore  before  the  oilRcial  announcement 
made  by  that  convention  of  the  adoption  of  their  constitution.  It 
is  not  strange  to  find  expressions  of  surprise  in  the  newspapers. 
"  Waiving  all  discussion  upon  the  right  of  revolution,  as  exercised, 
or,  at  least,  attempted  to  be  exercised,  in  the  overthrow  of  the 
State  government,  there  has  as  yet  been  presented  no  legal  evi- 
dence of  the  number  of  votes  cast,  during  the  week's  voting,  of 
the  manner  in  which  they  were  given,  or  of  the  qualifications  of 
the  persons  voting.  Nay,  before  the  votes  have  been  counted  by 
the  convention,  much  less  examined  by  the  public,  with  no  other 
evidence  than  a  bare  newspaper  report,  these  resolutions  are  brought 
forward,  proposing  to  abandon  the  entire  government  of  the  State 
into  the  hands  of  men  who  have  not  yet  even  demanded  it.  Allow- 
ing the  proceedings  of  the  suffrage  party  to  have  been  perfectly 
legal,  it  must  be  shown  that  the  14,000  votes  are  the  votes  of  citi- 
zens of  the  State,  of  lawful  age.  and  the  burden  of  proof  rests  with 
those  who  claim  the  government.  The  right  of  possession  is  valid 
until  the  party  claiming  brings  forward  his  proof." '^' 

Three  days  later,  January  14,  the  Assembly  received  from  the 
Governor  a  set  of  documents  called  "  papers  from  the  '  People's 
Convention.'"'"^  Six  days  later,  January  20,  Mr.  Atwell  called  up 
his    bill    and    moved    that,    with    the    papers    communicated    by    the 


122  THE     DORR     WAR. 

Governor,  it  be  referred  to  a  committee  of  fifteen,  who  should  be 
authorized  to  examine  the  whole  subject,  and  investigate  the  elec- 
tions and  the  returns. ^'°^  Debate  on  this  motion  consumed  all  the 
sessions  to  mid-day  of  the  2 2d  of  January. ^"^  When  the  vote  was 
taken,  Mr.  Atwell  was  able  to  carry  ten  other  members  with  him, 
against  fifty-seven  who  refused  to  investigate  the  affair  "  because 
there  was  nothing  in  it."^""*'  February  5,  Mr.  Atwell's  bill  and  the 
papers  from  the  People's  Convention  were  indefinitely  postponed.  *^'"^ 
Not  satisfied  with  this  negative  expression  of  opposition  to  the 
People's  Constitution,  the  General  Assembly  passed,  at  this  same 
session,  the  following  resolutions: 

"  Whereas  a  portion  of  the  people  of  this  State,  without  the 
form  of  law,  have  undertaken  to  form  and  establish  a  constitution 
of  government  for  the  people  of  this  State;  and  have  declared  such 
constitution  to  be  the  supreme  law;  and  have  communicated  such 
constitution  unto  this  General  Assembly ;  and  whereas  many  of 
the  good  people  of  this  State  are  in  danger  of  being  misled  by 
the  informal  proceedings ;  therefore, 

"  //  is  hereby  resolved  by  this  General  Assembly,  That  all  acts 
done  by  the  persons  aforesaid  for  the  purpose  of  imposing  upon 
this  State  a  constitution,  are  an  assumption  of  the  powers  of  gov- 
ernment, in  violation  of  the  rights  of  the  existing  government,  and 
of  the  rights  of  the  people  at  large. 

"  Resolved,  That  the  convention  called  and  organized  in  pursu- 
ance of  an  act  of  this  General  Assembly,  for  the  purpose  of  form- 
ing a  constitution  to  be  submitted  to  the  people  of  this  State,  is 
the  only  body  which  we  can  recognize  as  authorized  to  form  such 
a   constitution ;    and   to    this   constitution    the   whole    people   have   a 


^■'  Burke  s  Rfport,  443.  One  of  these  ten  is  recorded  as  having  voted  in  favor  of  Mr.  Atwell's 
motion  of  the  previous  June,  proposing  a  new  call  for  a  reapportioned  convention,  with  almost  un- 
limitetl  suffrage.     Six  of  his  associates,  at  this  time,  actually  voted  against  him  on  the  earlier  occasion. 


THE  freemen's  CONSTITUTION.  123 

right  to  look,  and  we  are  assured  they  will  not  look  in  vain,  for 
such  a  form  of  government  as  will  promote  their  peace,  security 
and  happiness. 

"■Resolved,  That  this  General  Assembly  will  maintain  its  own 
proper  authority,  and  protect  and  defend  the  legal  and  constitu- 
tional rights  of  the  people."  ^'•^' 

Meanwhile  the  Freemen's  Convention  had  continued  its  exist- 
ence, and  on  the  last  day  of  its  session,  February  19,  1842,  passed 
a  resolution  appointing  March  21,  22,  and  23  as  the  days  upon 
which  the  voters  might  approve  or  reject  the  constitution. 

The  people  of  Rhode  Island  might  now  be  comprised  in  at;^ 
least  four  classes  or  parties.  At  one  extreme  we  find  the  advo- 
cates of  the  People's  Constitution,  who  intended  to  live  up  to  their 
resolution  to  uphold  that  instrument  whatever  happened.  At  the 
other  extreme  were  the  charter  advocates,  who  were  opposed  to 
any  change,  and  therefore  objected  to  the  Freemen's  Constitution. 
Midway  stood  two  moderate  parties  who  voted  for  the  Freemen's 
Constitution:  first  those  who  were  in  favor  of  a  liberal  instrument, 
formed  and  adopted  in  accordance  with  the  legal  methods  provided 
by  the  existing  government;  second,  those  —  doubtless  very  few — 
who  voted  for  one  constitution,  and  who  were  also  willing  to  vote 
for  the  other.  "'^ 

We    might    suppose    that    the   extreme    suffragists   would    ignore 


<'*'  In  Burke  s  Report,  354-355,  are  printed  copies  of  four  ballots  (selected  out  of  the  fourteen 
thousand)  cast  by:  William  Sprague,  of  Warwick;  George  B.  Holmes,  Henry  G.  Mumford,  and 
Stephen  Branch,  of  Providence.  These  men  were  stigmatized  as  traitors  to  the  cause,  because,  after 
having  voted  for  the  I'eople's  Constitution,  they  became  "among  the  most  violent  persecutors  of  the 
suffrage  party."  They  were  not  the  only  "traitors"  who  voted  for  the  Freemen's  Constitution,  for 
to  them  must  be  added  some,  at  least,  who  voted  for  the  People's  Constitution  only  to  inlluence 
public  opinion,  and  could  have  felt  no  objection  to  voting  on  the  second  expression  of  choice.  See 
Wayland,  Affairs  of  Rhode  Island,  15;  Letter  from  "Fifth  Ward,"  Providence  Journal,  Feb.  2S, 
1842. 


124  THE     DORR     WAR. 

the  Freemen's  Constitution  and  decline  to  vote  for  or  against  it. 
But  this  would  have  been  inconsistent  with  their  views  of  sover- 
eignty. Even  if  they  had,  in  December  and  January,  adopted  one 
constitution,  another,  adopted  in  March,  might  supersede  the  first, 
even  before  it  went  into  operation.  The  Repiiblican  Herald  briefly 
stated  the  position  of  this  party,  as  follows :  "  A  sort  of  feeling 
appears  to  have  taken  possession  of  many  persons  who  voted  for 
the  People's  Constitution  that  because  they  did  so  it  would  not  be 
right  for  them  to  take  any  part  at  the  polls  for  or  against  any 
other.  For  our  own  part  we  do  not  so  regard  the  matter.  It  is 
our  opinion  that  the  people  have  not,  by  voting  for  that  constitu- 
tion, parted  with   their  original  sovereignty."*'^^ 

The  two  cohorts  on  the  day  of  the  vote  on  the  Freemen's  Con- 
stitution were,  then :  the  law  and  order  party,  in  favor ;  and  the 
charter  advocates,  voting  with  their  enemies,  the  suffragists,  against 
it.  When  the  vote  was  counted,  the  Freemen's  Constitution  was 
found  to  be  defeated  by  the  small  majority  of  676;  8,013  yes  to 
8,689  no.^'^^  It  is  evident  that  the  vote  of  the  suffragists  would 
not  have  been  sufficient  to  defeat  it,  but  for  the  aid  of  the  ultra- 
charter  men. 

^.\  Why  did  the  suffrage  party  decide  to  vote  against  the  Free- 
men's Constitution.?  Mr.  Dorr,  in  his  inaugural  address,  explained 
that  "  this  constitution  was  voted  against  by  a  large  majority  of 
the  friends  of  the  people's  constitution  —  not  because  it  was  made 
by  the  freemen,  and  not  by  themselves,  but  because  its  leading 
provisions  were  unjust  and  anti-republican,  and  tended  to  prolong, 
under  a  different  guise,  some  of  the  greatest  of  those  evils  which 
had  been  the  occasion  of  so  much  complaint  under  the  old  charter 
X  system."'"''*  Mr.  Dorr  mentions  no  specific  cause  of  complaint,  but 
we  find  a  list  of  four  criticisms,  which  a  contemporary  writer  gave 


THE  freemen's  CONSTITUTION.  125 

as  "the  chief  grounds  on  which  the  suffrage  party  opposed  this 
constitution."^''^  (1)  The  retention  of  the  property  qualification  for 
naturalized  citizens,  a  provision  retained  until  1888;"^'  (2)  the  un- 
equal apportionment  in  both  branches  of  the  General  Assembly : 
in  the  preceding  chapter  it  has  been  shown  that  on  this  point 
the  difference  between  the  two  constitutions  was  scarcely  worth 
considering;  (3)  the  provision  in  relation  to  amendments:  this  was 
only  a  question  of  requiring  a  three-fifths  vote  as  against  a  ma- 
jority vote ;  (4)  the  people  had  already  adopted  a  different  and  a 
better  constitution.  Analyzing  these  complaints,  the  last  seems  the 
real  and  effectual  reason  for  the  opposition,  and  not  the  content  of 
the  Freemen's  Constitution,  an  instrument  brought  about  through 
the  agitation  of  the  suffragists  but  killed  by  their  hostility. 

In  coming  to  this  decision,  the  basis  of  the  conclusion  here 
stated  is  not  entirely  a  priori  reasoning,  but  testimony  before  the 
select  committee  which  brought  out  the  true  position  of  the  suf- 
fragists. "  The  landholder's  constitution,  in  itself,  would  have  been, 
so  far  as  it  concerned  suffrage,  I  think,  acceptable;  and  its  adop- 
tion would  have  given  peace  to  the  State,  and  power,  as  was  gen- 
erally believed,  to  the  suffrage  party  in  Rhode  Island  for  some 
years  to  come ;  but  coming  forth  as  it  did,  coupled  with  an  im- 
plied surrender  of  an  invaluable  right,  the  suffrage  men  freely 
(and,  I  believe,  from  a  clear  and  strong  sense  of  duty),  omitted  "^ 
all  present,  personal,  and  local  advantages,  rejected  the  offered 
constitution,  and,  by  so  doing,  incurred  calamities  too  numerous  to 
be  here  related."  ^'°^  This  position  seems  unreasonably  stiff.  The  4 
right  to  frame  and  adopt  a  constitution,  irrespective  of  the  forms 
of  law,  would  not  have  been  waived  by  accepting  the  Freemen's 
Constitution  to  supersede  the  People's.  A  large  minority,  at  least, 
of   the   people   of   Rhode    Island   were   opposed   to   the   principles   of 


126  THE     DORR     WAR. 

the  suffragists  concerning  constitution -making:  the  existing  gov- 
ernment and  the  existing  "people"  of  the  State,  the  freemen,  were 
evidently  determined  to  prevent  the  People's  Constitution  from 
going  into  operation ;  instead,  they  offered  the  suffragists  a  con- 
<K^stitution  nearly  as  satisfactory  to  them  as  their  own.  By  this  con- 
stitution the  suffrage  was  opened  to  about  as  many  non- freemen 
as  freemen ;  and  at  once  the  suffragists  would  obtain  control  of 
the  government  and  doubtless  might  have  made  amendments,  still 
further  extending  the  suffrage.  The  suffragists  had  really  obtained, 
at  their  first  organized  agitation,  nearly  all  for  which  they  asked. 

Against  an  acceptance  of  this  practical  victory  was  set  an  ab- 
stract doctrine  of  "sovereignty:"  no  matter  what  civil  disturbances 
might  follow,  the  People's  Constitution  was  to  be  the  law  of  the 
land,  and  should  be  upheld  through  thick  and  thin.  Here  was 
the  vital  mistake  of  the  suffragists;  therefore  their  cause  had  been 
one  constantly,  even  rapidly,  gaining;  from  the  mere  handful  of 
agitators  in  the  autumn  of  1840  they  had  become  a  large  minority, 
■^  if  not  a  majority,  of  the  people.  From  this  time  on  their  cause 
waned;  there  were  daily  defections  from  their  ranks;  and  by  the 
first  of  May  the  ebb-tide  was  plainly  noticeable.  The  rejection  of 
the  Freemen's  Constitution  was  an  error  of  great  moment.  Had 
but  three  hundred  and  fifty  suffragists  changed  their  votes  from 
no  to  yes,  the  Freemen's  Constitution  would  have  been  adopted, 
the  Dorr  rebellion  would  not  have  occurred,  the  community  would 
never  have  been  disturbed,  the  suffrage  party  would  have  taken 
the  reins  of  government,  the  sovereign  right  of  the  people  would 
not  have  been  injured,  and  peace  and  quiet  would  have  reigned 
supreme  in  the  State. 


AuillOKiriKS. — 1   Rhode  Island  House  Journals.  Feb.  I.  1842;   Providence  Jouriia/,  Feb.  7,  1842. 
2  Rhode  Island  House  Journals,  Feb.  4,  1842.        3  Rhode  Island  Acts  and  Resolves,  Jan.,  1842,  p.  58  ; 


THE     freemen's     CONSTITUTION.  127 

Burkes  Report,  646.  4  Providi'iice  Journal,  Jan.  26,  1S42.  5  A'/nxlt-  Islaml  J/otise  Joiiriutls. 
Feb.  I,  1842;  Biirl-e's  Rt'porl,  646.  <>  Art.  II,  Freemen's  Constitution.  .V/v  Appendix  7  Klwdi- 
Island  House  Journals,  ]m\.  II,  1842;  Jiurke's  Report,  ^^^i-  ^  Providence  Journal,  ]-AVi.  12,  1842. 
{)  Rhode  Island  House  Journals,  Jan.  14,  1842  ;  Burke' s  Report,  443.  10  Rhode  Island  House 
Journals,  ]a.x\  20,1842.  11  Rhode  /sla>td  House  Journals,  ]a.n.  2i), 21,  22,  \%:^2.  12  Rhode  Island 
House  Journals,  Jan.  22,  1S42.  13  Rhode  Island  Aets  and  Resolves,  Jan.,  1842,  p.  45.  liVi'c- 
puhliean  Herald,  Mar.  2,  1842.  lo  Rhode  Island  House  Journals,  Mar.  30,  1842  ;  AU-,u  A^^e,  Apr. 
2,  1842;  Providence  Express,  Mar.  31,  1842;  Burhe's  Report.  119;  Rhode  Island  Manual,  KJUC-'.O . 
128.  1(>  Burke's  Report,  725.  17  Democratic  Reine^v,  X,  604  (foot-note).  IS  Rhode  Island 
Manual,  1S9G-'J7,  46.        1{)  Burke's  Report,  278  :   Testimony  of  Aaron   White. 


CHAPTER    XI. 


THE    ELECTIONS. 

UNEASINESS  in  the  rank  and  file  of  the  suffrage  party 
began  to  be  shown  before  the  date  of  the  vote  on  the 
Freemen's  Constitution.  Many  of  the  advocates  of  a  new 
constitution  were  not  convinced  of  the  legal  status  of  the  instru- 
ment which  had  been  voted  upon  in  December  and  January.  Ac- 
cordingly, at  the  beginning  of  March,  a  private  request  was  made 
to  the  justices  of  the  Supreme  Court  of  the  State  to  express  their 
opinion  upon  the  validity  of  the  People's  Constitution.  In  reply 
they  said:  "We  have  ever  held  it  our  duty,  as  Justices  of  the 
Supreme  Judicial  Court,  not  to  intermeddle  with  party  politics,  nor 
to  volunteer  our  opinion  on  questions  of  law  which  might  be  pre- 
sented to  us  officially.  The  questions  submitted  to  us,  in  your 
note,  do  not  seem  to  us  to  be  of  such  class,  nor  are  they  such, 
under  all  the  circumstances  of  the  case,  as  we  feel  at  liberty  to 
V  decline  answering.  We  state  then,  as  our  opinion,  that  the  con- 
vention which  formed  the  '  People's  Constitution '  assembled  with- 
out law ;  that  in  forming  it  they  proceeded  without  law  ;  that  the 
votes,  given  in  favor  of  it,  were  given  without  law,  and  however 
strong  an  expression  of  public  opinion  they  may  present,  that  said 
constitution,  instead  of  being  the  paramount  law  of  the  land,  is  of 


THE     ELKCTIONS.  120 

no  binding  force  whatever;  tliat  obedience  to  it  will  form  no  justi- 
fication or  excuse  for  any  act  done  in  pursuance  of  it;  and  that 
any  attempt  to  carry  it  into  effect  by  force  will  be  treason  against 
this  State,  if  not  against  the   United  States."*"^ 

It  was  at  once  evident  to  the  suffrage  leaders  that  a  counter 
opinion  was  necessary,  to  strengthen  the  wavering.  Accordingly, 
twelve  days  later,  a  week  before  the  voting  upon  the  Freemen's 
Constitution,  one  of  the  newspapers  published  the  so-called  "Nine 
Lawyers'  Opinion," ^''^  or  "Right  of  the  People  to  Form  a  Consti- 
tution. Statement  of  Reasons."  It  added  nothins:  to  the  regular 
suffragist  arguments;  in  brief,  it  held  that  the  sovereign  power  of 
a  State  is  the  power  which  prescribes  the  form  of  government;  in 
Rhode  Island,  at  the  Revolution,  it  passed  to  the  whole  people ; 
for,  if  to  a  part,  the  owners  of  land,  then  it  really  passed  to  the 
soil  itself ;  the  sovereign  power  should  be  used  but  rarely ;  the 
people  should  judge  time,  necessity,  and  mode;  the  convention  need 
not  be  called  by  the  General  Assembly ;  no  mode  of  obtaining  a 
constitution  is  established  in  the  State;  the  General  Assembly  has 
no  power;  it  can  only  request;  in  fine,  the  two  conventions  were 
alike  in  constitutional  authority,  one  being  requested  by  the  people, 
the  other  by  the  General  Assembly.  The  expression  so  commonly 
used,  "  without  law,"  meant  merely  without  the  request  of  the  legis- 
lature, a  servant  of  the  people. ^'^''      In  conclusion,   the  nine  lawyers 


("'  /^rcz'/V/tv/tv  lotirttal,  March  3,  1S42.  This  reply  was  sij;;necl  by  Job  Durfee,  I-evi  Ilaile, 
and  W.    R.    Staples,   the  three  Supreme  Court  Justices. 

(''•  These  nine  lawyers  were  Samuel  V.  Atwell,  Joseph  K.  Angell.  Thomas  I-".  Carpetiter,  David 
Daniels,  Thomas  W.  Dorr,  Levi  C.  Eaton,  John  P.  Knowles,  Dutee  J.  I'earce,  and  .Aaron  White,  Jr. 
The  "  Nine  Lawyers'  Opinion"  has  been  republished  by  Sidney  S.  Rider,  in  Rhodt-  Island  Historical 
Tracts,  XL  65-92. 

I'''  Then   followed   a   lonjj  list  of  (|uotations  prejiared    by   ("leorrre   !•".    Man.      'I'his  is  evidentlv  the 
foundation   upon    which   the   majority  of   the   select   committee,   in    Burke  s  Report,  and    .Mr.    Hallett, 
in  his  plea,   based  their  ([notations. 
17 


■^ 


130  THE     DORR     WAR. 

said :  "  We  respectfully  submit  to  you,  fellow  citizens,  that  the 
People  s  Constit2ifion  is  a  '  republican  form  of  government,'  as  re- 
quired by  the  Constitution  of  the  United  States,  and  that  the  peo- 
ple of  this  State,  in  forming  and  voting  for  the  same,  proceeded 
without  any  defect  of  law,  and  without  violation  of  any  law."  This 
opinion  was  drawn  up  by  Thomas  W.  Dorr,  and  signed  by  the 
nine  lawyers,  March  14,  1842.^'^  The  opinion  does  not  explicitly, 
nor  perhaps  by  implication  even,  hold  that  the  People's  Constitu- 
tion had  become  the  fundamental  law  of  Rhode  Island  ;  neverthe- 
less it  was  effective  in  holding  many  votes  against  the  Freemen's 
Constitution. 

At  the  very  time  that  the  suffragist  lawyers  were  formulating 
their  ideas  in  opposition  to  the  opinion  of  the  State  Supreme 
Court,  the  grand  jury  was  in  session  at  Bristol.  Here,  March  25, 
1842,  Chief  Justice  Durfee  addressed  the  jury  in  a  charge  that  is 
worthy  of  careful  study,  and  is  injured  by  any  summary,  however 
full.'^^'^  He  declared  allegiance  to  be  the  first  duty  of  every  person, 
a  duty  due  to  an  implied  contract  —  on  one  side  receiving  protec- 
tion from  the  State;  on  the  other  demeaning  oneself  faithfully  and 
unhesitatingly  to  support  the  State.  Movements  like  those  of  the 
suffragists  can  find  no  justification  in  law,  for  they  violate  alle- 
giance to  the  government.  The  State  is  a  self-subsistent  body 
politic  and  corporate,  designed  to  continue  its  existence,  by  suc- 
cession and  accession,  through  all  time.  The  corporate  people 
are  the  sovereign  people,  and  the  forms  of  government  but  the 
instruments  of  its  will.  The  moment  that  the  corporate  people 
ceases  to  exist  as  such,  everything  is  resolved  into  its  natural  ele- 
ments, and  the  State  is  gone.  The  State  has  also  to  regard  its 
status  in  the  federal  system :  if,  by  revolution,  the  State  is  over- 
thrown, and  a  new  State  is  established,  on  what  legal   or  constitu- 


THE     ELFXTIONS.  131 

tional  principles  can  it  hold,  or  be  readmitted  to,  its  place  in  the 
Union?  If  the  question  of  the  existence  of  the  new  State  is  pre- 
sented to  the  Supreme  Court  of  the  United  States,  then  will  be 
asked,  not  who  voted  for  it,  or  how  many;  but  what  right  had- 
anybody  to  vote  for  it  at  all  as  the  suj^reme  law  of  Rhode  Island  ? 
This  pretended  constitution  is  without  legal  authority,  and  of  no 
more  value  in  the  courts  of  the  Union  than  so  much  blank  parch- 
ment. What  are  the  consequences?  \\1ien  corporate  Rhode  Island 
ceases  to  exist,  what  becomes  of  her  delegation  to  Congress ;  of  her 
bill  in  chancery,  claiming  through  her  charter  a  portion  of  the  ter- 
ritory now  held  by  Massachusetts;  of  the  public  property;  the 
court-houses;  the  jails;  the  public  records;  the  public  treasury, 
bonds  and  securities ;  the  actions  pending  in  the  courts  of  the 
State;  corporations?  but  enough —  "I  dare  go  no  further.  And 
all  this  for  what?"  For  an  extension  of  suffrage  and  an  equal- 
ization of  representation.  "  Revolution  in  Rhode  Island  means  a 
conflict  among  the  very  elements  of  society.  Neighbor  against 
neighbor,  friend  against  friend,  brother  against  brother,  father 
against  son,  and  son  against  father  —  and  all  this  for  what?"  .  .  . 
"And  as  to  that  instrument  called  the  'people's  constitution,'  .  .  . 
standing,  as  it  does,  alone  and  without  any  legal  authority  to  sup- 
port it,  it  is  not  the  supreme  law  of  this  State;  and  those  who  may 
attempt  to  carry  it  into  effect  by  force  of  arms  will,  in  the  opinion 
of  the  court,  commit  treason."  Thus,  even  before  the  defeat  of  the  ^ 
Freemen's  Constitution,  the  judiciary  of  the  State  had  fully  declared 
itself. 

When   the    Freemen's   Constitution   had   been  defeated,   the  con--^ 
test    reverted    to    one    betw^een    the    old    charter    and    the    People's 
Constitution ;    and   the  latter  had   a   new  point  of  vantage.     In   the 
adjourned  session  of  the  legislature,  beginning  March   30,   1S42,  an- 


132  THE     DORR     WAR. 

other  attempt  was  made  to  bring  the  General  Assembly  into  line 
with  "the  people:"  on  the  second  day  of  the  session,  Mr.  Atwell 
introduced  a  bill  to  resubmit  the  People's  Constitution  to  the  peo- 
ple of  the  State/'*^  proposing  that  all  those  who  had  been  allowed 
to  vote  on  the  adoption  of  the   Freemen's  Constitution  should  vote 

<^upon  this  resubmission.  "If  adopted,"  said  he,  "it  would  be  the 
law  of  the  land ;  if  rejected,  there  would  be  an  end  to  the  matter, 
according  to  the  principles  claimed  by  the  suffrage  party."  *^-  Mr. 
Keech,  of  Burrillville,  offered  another  bill,  providing  for  the  repeal 
of  the  existing  election  law,  and  the  holding  of  the  next  election 
of  officers  according  to  the  provisions  of  the  People's  Constitu- 
tion,® but  Mr.  Atwell  opposed  this  bill  as  not  being  the  "best 
mode  of  quieting  the  State."  It  was  lost  by  a  vote  of  2  to  52, 
and  then   Mr.  Atwell's  motion  was  defeated,   3   to  59.^®' 

The  General  Assembly,  however,  appointed  a  committee  "to  ob- 
tain all  the  facts  relating  to  the  rejection  of  the  late  constitution, 
and  to  enquire  what  legislation  is  now  necessary." ^'^  Mr.  Atwell 
wished  the  committee  to  investigate  "what  improper  means,  if  any, 
were  used,  and  by  whom,  to  influence  the  people  in  voting  for  or 
against  the  constitution,"*^^  but  he  was  promptly  ruled  out  of  order. 
The  committee  reported  that  in  its  judgment  the  following  reasons 

^  had  influenced  the  vote  against  the  constitution :  first,  the  false  rep- 
resentation that  the  government  was  an  aristocracy,  while  in  fact  a 
democracy ;  secondly,  dissatisfaction  with  the  apportionment  in  a 
portion  of  the  State. *^^  The  report  continued  with  a  discussion  of 
the  history  of  the  conventions  and  the  constitutions,  and  stated  that 
the  "  People's  Constitution  was  considered  merely  as  indicating  the 
wishes  of  the  people  for  an  extension  of  suffrage.  It  was  expected 
that  the  people  would  have  received  the  constitution  in  the  same 
spirit  in   which   it  was   offered.      But   misrepresentations   were   used 


THE     ELECTIONS.  183 

to  defeat  it."  The  report  criticised  the  motives  of  tlie  suffragists, 
and  characterized  them  as  "deluded   men." 

Mr.  AtwelJ  criticised  the  report  as  ex  parte,  and  entered  into  a 
long  speech  upon  the  inequality  of  the  representation  in  the  State 
Senate  as  proposed  by  the  Freemen's  Constitution.'"^^  Mr.  Ran- 
dolph answered  by  stating  that  the  constitution  was  a  matter  of 
compromise,  by  which  Providence  was  granted  increased  represen- 
tation in  the  House  and  the  farmers  were  given  a  preponderance 
in  the  Senate.     The  report  was  accepted  without  further  discussion. 

The  General  Assembly  accepted  also  a  law  proposed  by  the 
committee,  declaring  elections  under  the  People's  Constitution  to 
be  criminal,  in  an  act  entitled  "  An  Act  in  Relation  to  Offenses 
against  the  Sovereign  Power  of  the  State." ^"^  After  a  preamble 
declaring  that  "  certain  designing  persons  [had]  framed  and  [were] 
endeavoring  to  carry  through  a  plan  for  the  subversion  of  the  gov- 
ernment, under  assumed  forms  of  law,  but  in  plain  violation  of  the 
first  principles  of  constitutional  right,"  the  statute  enacted  that  all 
meetings  for  the  election  of  State  officers,  other  than  in  accordance 
with  the  State  laws,  were  illegal  and  void  ;  that  moderators,  wardens, 
and  clerks  of  such  meetings  would  be  deemed  guilty  of  misdemeanor 
and  subject  to  six  months'  imprisonment  and  a  fine  of  from  $500  to 
;^i,ooo;  that  any  person  accepting  any  office  by  virtue  of  such  elec- 
tions, or  allowing  his  name  to  be  used  as  a  candidate,  would  be 
deemed  guilty  of  high  crime  and  subject  to  a  year's  imprisonment 
and  $2,000  fine  ;  and  that  any  person  assuming  a  State  office  be- 
cause of  such  election  would  be  deemed  guilty  of  treason  and  sub- 
ject to  imprisonment  for  life ;  trials  of  such  cases  were  to  come 
before  the  Supreme  Judicial  Court,  and  might  be  held  in  any 
county  of  the  State,  irrespective  of  the  county  in  which  the  offense 
was  committed. 


134  THE     DORR     WAR. 

Upon  this  statute  there  was  very  little  discussion  in  the  House, 
and  it  was  passed  by  a  vote  of  60  to  6/'^*  It  was  immediately 
dubbed  the  "  Algerine  Law,"  for  a  reason  suggested  by  one  of  the 
suffrage  newspapers:  "The  Dcy  of  Algiers  has  had  his  day;  and 
Rhode  Island  is  the  last  place  in  which  the  arbitrary  doctrines  of 
,  this  ex-potentate  can  be  revived  with  success  or  impunity." ^^^^  The 
severity  of  this  act  has  been  strongly  criticised,  not  only  by  the 
suffragists  of  that  day,  but  by  more  unprejudiced  men  since.  From 
the  standpoint  of  the  law  and  order  party,  however,  the  General 
Assembly  could  scarcely  do  less  than  protect  the  people  of  the 
State  from  the  illegal  proceedings  of  the  suffragists.  In  Virginia 
a  law  had  existed  for  years  declaring  such  actions  treason,  and 
prescribing   the   penalty  of  death. ^^^^ 

In  spite  of  legislature  and  judiciary,  the  suffragists  continued 
their  preparations  for  an  election  under  their  constitution.  The 
first  step  had  been  taken  before  the  publication  of  the  Freemen's 
Constitution,  when,  February  16,  1842,  "the  friends  of  the  Suffrage 
Constitution"  held  a  convention,  and  nominated  a  ticket  for  their 
April  election  consisting  of  General  Thomas  F.  Carpenter  for  Gov- 
ernor, Judge  Wager  Weeden  for  Lieutenant-Governor,  William  H. 
Smith  for  Secretary  of  State,  Walter  S.  Burges  for  Attorney- Gen- 
eral, and  John  Sterne  for  General  Treasurer. ^''^^  Of  these  men, 
three  were  Whigs  and  two  Democrats  —  the  convention  thus  trying 
to  keep  national  party  issues  out  of  the  election.  General  Carpen- 
ter declined,  on  the  ground  that  it  would  be  wiser  to  head  the  ticket 
with  a  Whig  than  a  Democrat ;  Mr.  Burges  also  declined.  The 
convention  then  nominated  Judge  Weeden  for  Governor,  and  au- 
thorized   a   committee    to   fill    any  vacancies. ^'^^      The   three   leading 

<*'' This  committee  consisted  of:   Thomas  W.   Dorr,  chairman;   Benjamin  Arnold,   Jr.,    Nathaniel 
Mowry,   Dutee  J.    Pearce,  Joseph  Gavit,  John   R.   Waterman,  and  Natlian  Bardin. 


THE     ELECTIONS.  135 

men  on  this  committee,  and  henceforth  in  the  suffrage  movement, 
were   Dorr,   Pearce,  and  Waterman. 

February  22,  it  was  announced  that  Judge  Weeden  had  positively 
declined;^""  but  three  days  later  the  committee's  revised  ticket  was 
announced,  with  Weeden  for  Governor,  William  C.  Barker  for  Lieu- 
tenant-Governor, Burges  for  Secretary  of  State,  John  P.  Knowles 
for  Attorney- General,  and  Sterne  for  General  Treasurer;""'  again 
there  was  a  nearly  equal  division  between  the  parties.  This  ticket 
stood  in  a  prominent  place  in  the  suffrage  organ  until  about  the 
first  of  April,  when  the  so-called  "  Algerine  Law"  was  passed;  it 
then  disappeared,  and  Chairman  Dorr  announced  that  the  publica- 
tion of  the  ticket  for  State  officers  and  Senators  was  suspended  in 
consequence  of  vacancies,  and  that  it  would  be  republished  the  next 
week  with  the  vacancies  filled."*^'  A  few  days  later,  the  State  com- 
mittee (the  chairman  not  included)  announced  that  the  ticket  was 
not  yet  complete, "^^  and  it  became  known  that  all  the  five  nominees 
for  general  office  had  resigned.  On  April  11  the  finally- revised  list 
was  published  :  Thomas  W.  Dorr  for  Governor,  Amasa  Eddy,  Jr., 
for  Lieutenant-Governor,  William  H.  Smith  for  Secretary  of  State, 
Joseph  Joslin  for  General  Treasurer,  and  Jonah  Titus  for  Attorney- 
General.'^"^     No  other  ticket  or  nominations  were  made. 

Under  the  provisions  of  the  People's  Constitution  the  election 
for  officers  was  held  April  18;  and  later  the  "People's  House  of 
Representatives  "  counted  the  votes  through  a  committee  appointed 
for  that  purpose. *'^'^  In  every  case  but  one  the  candidates  for  gen- 
eral officer  and  for  Senators  were  chosen  unanimously ;  the  general 
officers  averaged  6,360  votes  each  —  or  about  7,500  less  than  the 
alleged  vote  on  the  constitution  itself.  The  Senators  elected  re- 
ceived  an  average  vote   of  538,  the  extremes  being   1,315  and   119; 


136 


THE     DORR     WAR. 


showing  either  a  poor  apportionment,  or  great  variations  of  interest 

in  the  election.  ^*^^ 

Two    days   after    the   "  People's    Election "   occurred    the   regular 

charter  election.     The  law  and  order  party  renominated  four  Whigs ; 

for  Governor,   Samuel   Ward    King;    for  Secretary  of   State,    Henry 

Bowen ;    for  Attorney-  General,  Albert  C.  Greene  ;    and  for  General 

Treasurer,  Stephen  Cahoone. 
Nathaniel  Ballou,  the  candidate  for 
Lieutenant-Governor,  the  only  new 
one  on  the  ticket,  had  been  Speaker 
of  the  House  as  far  back  as  1825,  and 
his  nomination  was  evidently  a  bid  for 
Democratic  votes.  In  opposition  to 
Governor  King  a  ticket  was  prepared 
headed  by  General  Carpenter,  who 
had  been  the  original  candidate  on 
the  "  People's  ticket."  The  ground 
upon  which  he  stood  is  not  very  plain  : 
as  a  Democrat  he  would  claim  the 
party  vote,  but  as  an  upholder  of  the 
People's  Constitution  he  did  not  show 
consistency   in   being  a  candidate  for 

any  office  at  this  "needless"  election.      General   Carpenter  received 

2,211   votes,  and  Governor  King  4,864,  with  5  scattering.^"' 

In  comparing   the  votes  at  these   elections,  a  few  points  should 

be  remembered.     Every  person  who  voted  on  April    18  came  under 


SAMUEL    WARD     KING. 


"■'The  twelve  Senators  elected,  with  the  votes  received,  were:  (i)  Kli  llrowii.  820;  (2)  Ilezekiah 
Willard,  1,315  ;  (3)  John  I'aine,  652  ;  (4)  Abner  Haskell,  907  ;  (5)  Solomon  Smith,  856  ;  (6)  IJenjamin 
Nichols,  64S  ;  (7)  John  Wood,  237;  (8)  Iknjamin  Chace,  324;  (9),  John  15.  Cook,  119;  (10)  Joseph 
Spink,  234  ;  (11)  William  James,  135  ;  and  (12)  Christopher  Smith,  210. 


THK     EI.IXTIONS.  lo7 

the  penalties  of  the  "  Algerine  Law ; "  although  the  advocates  of 
this  election  claimed  that  a  few  days  later  it  would  infallibly  be 
repealed  by  the  "  People's  General  Assembly."  At  the  charter  elec- 
tion, of  course  none  but  freemen  were  allowed  to  vote;  and  large 
numbers  of  these  legal  voters  were  suffragists  who  would  naturally 
decline  to  vote  on  the  ground  that,  under  the  circumstances,  the 
charter  election  was  a  farce  ;  even  the  opposition  candidate  was  a 
suffragist;  but  the  entire  freemen  opposition  vote,  including  the 
suffragists,  was  barely  2,200,  while  those  of  the  freemen  who  were 
opposed  to  the  People's  Constitution,  and  were  willing  to  vote  for 
the  re-election  of  the  Whig  Governor,  turned  out  at  the  polls  to 
the  number  of  4,864.  It  will  be  remembered  that  the  committee 
of  the  People's  Convention  computed  that  there  were  9,590  freemen 
in  all,  of  whom  4,960  voted  for  the  People's  Constitution,  thus  giv- 
ing it  a  majority  of  the  freemen  of  the  State.  That  was  only  an 
estimate;  and  it  is  certain  that  4,864  freemen  —  also  a  majority  of 
9,590 — voted  for  a  continuance  of  the  charter  government  in  voting 
for  Governor  King,  even  after  the  People's  Constitution  had  been 
nominally  adopted,  and  Thomas  W.  Dorr  had  been  elected  Gov- 
ernor in  accordance  with  its  terms.  The  people's  government  was>i- 
in  a  minority  of  freemen,  if  not  of  adult  male  citizens. 

The  elections  over,  there  was  nothing  for  the  suffragists  to  do 
but  to  wait  for  inauguration  day;  while  the  charter  government 
might,  if  it  chose,  occupy  itself  with  preparing  criminal  cases. 
Something  like  36  moderators,  36  clerks,  5  candidates  for  general 
offices,  12  senatorial  candidates,  86  candidates  for  the  House,  and 
5  shrievalty  candidates  had  laid  themselves  liable  to  arrest  for  the 
misdemeanors  of  holding  elections  and  running  for  office  under  an 
unreal  constitution.  Now  was  the  time  for  the  government  to  put 
down    the    anticipated    revolution.      The    period    before   the    first    of 

18 


138  THE     DORR     WAR. 

May  was  short,  it  is  true,  but  sufficiently  long  to  so  cripple  the 
suffragists  that  the  new  charter  government  could  easily  complete 
the  suppression,  and  the  people's  government  could  not  organize. 
^;|'^his  would  seem  now  to  have  been  the  right  step  for  the  law  and 
order  party,  if  they  were  sure  of  their  position.  But  not  an  arrest 
was  made,  under  the  "Algerine  Law,"  in  the  whole  month  of  April, 
and  the  various  officers-elect  of  the  people's  government  went  about 
their  daily  business  unmolested. 


An  riiOKiriEs.  —  1   Rhode  Isla>id  Historical  Tracts,  XI,  65.        2    Btirke  s  Report,  706-717.      This 
address  was  published  by  the  grand  jury,   with  the  permission  of  Judjje   Durfee  3    Rhode  Island 

House  Journals.  Mar,  30,  1S42.  4  Providence  Express,  Mar  31,  1S42;  A'eiv  Age,  Apr.  2,  i8-|2. 
5  Rhode  Island  House  Journals,  Mar.  30,  1842;  Providence  Express,  Apr.  2,  1842;  A'eiv  Age,  Apr. 
2,  1842.  (J  Rhode  Island  House  Journals,  Apr.  I,  1842.  7  Rhode  Island  House  Journals,  Mar. 
31.  1842;  Rhode  Island  Acts  and  Resolves,  March,  1842,  pp.  3-4.  S  Providence  Express,  Mar.  31, 
1842  ;  A^ew  Age,  Apr.  2,  1842.  {)  Rhode  Island  House  Journals,  Apr.  i,  1842  ;  Rhode  Island  Acts 
and  Resolves,  March,  1842,  p.  3.  10  Providence  E.xpress,  Apr.  2,  1842  ;  Au'to  Age,  Apr.  2,  1S42. 
11  Rhode  Island  House  Jour/nils,  Apr.  I,  1842;  Rhode  Island  Acts  and  Resolves,  March,  1842,  p[i. 
l6-i8  ;  Burke's  Report,  133-135-  12  Rhode  Island  House  Journals,  Apr.  2,  1S42  ;  Providence 
Express,  Apr.  4,  1842.  The  six  were  :  Atwell,  Burges,  (iavitt,  Keech,  Thurston,  and  Wallin^^. 
13  Providence  Express,  Apr.  5,  1842.  14  See  page  89.  15  Providence  Journal,  Feb.  17,  1842  ; 
New  Age,  Keb.  18,  1S42.  KJ  I'rovidence  Journal,  Feb.  22,  1842.  17  A^e7o  Age,  Feb.  25,  1S42. 
18  New  Age,  Apr.  2,  1842;  Providence  Express.  Apr.  i,  1842.  10  New  Age,  Apr.  q,  1842. 
20  Providence  Journal,  Apr.  n,  1842.  21  Burke' s  Report,  :\'^'2-\'^\.  22  Rhode  Island  Manual, 
IS'JCj-'Jl,  102. 


CHAPTER    XII. 


APPEAL    TO    THE    NATION. 

THE  old  charter  government  and  both  the  newly  elected 
governments  realized  that  the  chances  of  a  peaceful  set- 
tlement of  the  controversy  were  small.  Apparently  the 
adherents  of  the  two  parties  —  the  upholders  and  opponents  of 
the  People's  Constitution  —  w^ere  nearly  equal  in  numbers.  The 
legislature  had  passed  the  "  Algerine  Law,"  and  found  itself  con- 
fronted with  a  stupendous  task  if  it  attempted  to  enforce  it.  A 
half-hearted  enforcement  of  the  statute  would  avail  nothing  :  it 
would  be  necessary  to  thoroughly  carry  out  its  provisions.  The 
one  hundred  and  eighty  persons  guilty  of  a  breach  of  this  act 
were  among  the  most  prominent  citizens,  and  behind  them  stood 
at  least  a  large  minority  of  the  citizens  of  the  State.  The  sheriffs 
of  the  five  counties  would  have  found  it  quite  difficult  to  make 
arrests   without  the   support  of   some  strong  military  force. 

Neither  the  punitive  statute  of  the  Charter  General  Assembly 
nor  the  opinion  of  the  Supreme  Court  had  deterred  the  people's 
party  from  holding  its  election,  and  now  the  regular  executive 
power  did  not  dare  to  act  against  it.  Enforcement  of  the  law,  in 
all  probability,  could  be  obtained  only  by  the  calling  out  of  thfc 
State   militia ;   but,   since   the   citizens   of   the   State   were   so   evenly 


140  THE     DORR     WAR. 

divided,  the  Charter  government  felt  no  certainty  that  it  would  find 
the  citizen  soldiery  ready  to  come  to  its  aid.  Indeed,  the  suffragists 
expected  that  many,  perhaps  a  majority,  of  the  military  companies 
would  be  found  arrayed  with  them ;  and  the  "  Constitutional  State 
Committee  "  went  so  far  as  to  invite  the  "  Chartered  Companies, 
the  Military  Companies,  and  the  Volunteer  Companies,  who  are  in 
favor  of  the  People's  cause  and  constitution,"  to  be  present  as  an 
escort  to  the  newly  elected  Governor  Dorr  and  the  "  People's  Gen- 
eral Assembly."  *^^' 

^Though  the  law  and  order  newspapers  persistently  belittled  the 
exigency,  yet  the  official  acts  of  the  government  show  that  the 
State  authorities  realized  the  gravity  of  the  situation :  they  had 
private  evidence  that  made  them  even  more  doubtful  of  their  ability 
to  cope  with  the  difficulty,  and  fearful  of  civil  war.  As  early  as 
February  5,  1842,  Samuel  Currey  testified  to  a  conversation  which 
he  had  held  with  Franklin  Cooley,  who  had  informed  him  that  a 
messenger  had  gone  to  Boston  "  to  procure  2,000  stand  of  arms, 
and  that  this  supply  of  arms  was  for  the  use  of  those  who  were 
about  to  enforce  the  people's  constitution  against  the  authority,  civil 
military,  of  the  existing  government."® 

Martin  Stoddard,  president  of  the  mass  convention  at  Newport, 
May  5,  1 84 1,  gave  an  account  of  the  proceedings  of  the  suffragists, 
and  closed  by  stating  that  he  believed  that  "  without  some  inter- 
ference on  the  part  of  the  Executive  of  these  United  States,  the 
peace  and  quiet  of  this  State  cmtnot  be  preserved,  and  that  all  the 
horrors  of  a  civil  war  will,  and  must,  be  suffered  by  our  people." ^^^ 
Jacob  Frieze,  from  his  intimate  acquaintance  with  the  leaders  of 
the  suffrage  party,  testified  that  they  had  been  "  extremely  anxious 
that  the  legal  convention  should  not  form  a  constitution  that  would 


APPEAL    TO    THE    NATION.  141 

be  acceptable  to  the  people  ;  and  that,  let  what  would  come,  they 
would  carry  their  constitution  into  effect,  and  organize  and  estab- 
lish a  government  on  it,  by  force,  if  necessary."  He  claimed  to  be 
"  fully  persuaded  that  a  firm  resolve  pervaded  their  ranks  never  to 
give  back  from  their  purpose  if  they  can  perceive  a  probability  of 
its  execution  by  any  means  in  their  power."'"  Other  testimony 
was  obtained  of  a  similar  nature,  that  the  suffragists  were  arming 
themselves  and  that  military  companies  from  outside  the  State  had 
promised  aid/"'  The  charter  government  was  also  furnished  with 
copies  of  resolutions  passed  in  the  town  of  Cumberland,  "  That  the 
people's  constitution  we  will  maintain  at  all  and  every  hazard''' 
and  "  as  one  man,  we  will,  by  every  means  in  our  poiuer,  oppose 
the  adoption  of  this  spurious  constitution,  nor  abate  our  efforts 
until  it  shall  be  one  of  the  things  that  were.  .  .  .  We  stand  ready 
at  a  moment's  warning,  with  our  lives  and  honor,  to  carry  into  full 
effect  the  people's  constitution,  according  to  the  conditions  of  the 
same,  unless  otherwise  ordered  by  the  General  Government  of  this 
nation." '«) 

The  General  Assembly  had  scarcely  adjourned  when  the  exec -A' 
utive  authority  therefor  decided  that  it  was  necessary  to  appeal  to 
the  general  government.  April  4,  1S42,  Governor  King  sent  two 
letters  to  President  Tyler,  asking  for  help.  The  first  letter  was  a 
formal  call  for  the  aid  promised  in  the  Federal  Constitution :  "  The 
State  of  Rhode  Island  is  threatened  with  domestic  violence.  Appre- 
hending that  the  legislature  cannot  be  convened  in  sufficient  season 
to  apply  to  the  Government  of  the  United  States  for  effectual  pro- 
tection in  this  case,  I  hereby  apply  to  you,  as  the  Executive  of  the 
State  of  Rhode  Island,  for  the  protection  which  is  required  by  the 
constitution   of  the    United   States."*'*      Nothing   important   had   oc- 


142  THE     DORR     WAR. 

curred  since  the  adjournment  of  the  legislature;  only  a  day  or  two 
would  have  been  needed  to  bring  the  members  of  the  Assembly 
together ;  and  no  domestic  violence  could  have  been  expected  to 
occur  before  April  i8,  the  people's  election  day.  The  charter 
government  blundered,  evidently,  in  thus  depending  on  a  petition 
from  the  Governor  rather  than  from  the  legislature. 

In  the  other  letter  of  the  same  date,  the  Governor  wrote :  "  For 
nearly  a  year  last  past,  the  State  of  Rhode  Island  has  been  agitated 
by  revolutionary  movements,  and  is  now  threatened  with  domestic 
violence.  .  .  .  There  is  but  little  doubt  but  that  a  proclamation 
from  the  President  of  the  United  States,  and  the  presence  here  of 
a  military  officer  to  act  under  the  authority  of  the  United  States, 
would  destroy  the  delusion  which  is  now  so  prevalent,  and  convince 
the  deluded  that,  in  a  conflict  with  the  government  of  this  State, 
they  would  be  involved  in  a  contest  with  the  Government  of  the 
United   States,  which   could   only   eventuate   in   their  destruction." ^^^ 

Governor  King  sent  John  Whipple,  John  Brown  Francis,  and 
Elisha  R.  Potter  to  carry  these  letters  and  also  copies  of  the  acts 
of  the  General  Assembly,  and  other  documents  relating  to  the  con- 
ditions in  the  State,  including  the  affidavits  just  cited.  The  com- 
mission fully  laid  the  matter  before  the  President,  and  remained  in 
Washington  several  days,  doing  whatever  they  could  to  influence 
both  the  executive  and  legislative  branches  in  favor  of  the  law  and 
order  party.  ^^^ 

-V'  April  II,  1842,  President  Tyler  sent  a  reply  to  Governor  King, 
in  which  he  regretted  "the  unhappy  condition  of  things  in  Rhode 
Island."  He,  however,  looked  upon  the  controversies  as  "  questions 
of  municipal  regulation  .  .  .  with  which  this  Government  can 
have  nothing  to  do."  The  President  then  carefully  defined  what 
he   believed   to   be   his   powers   under  the   Constitution   and  laws   of 


APPEAL    TO    THE    NATION.  14d 

the   United  States. ''^^      The   reason   urij^cd  for  refusini::  aid   was  that 
he  nowhere  found  authority  to  anticipate  a  revolutionary  movement. 

He  did,  however,  clearly  commit  himself  to  two  propositions 
which  put  him  on  the  side  of  the  law  and  order  party  in  their 
adherence  to  the  old  charter.  The  first  was  to  give  the  important 
assurance  that  if  an  insurrection  should  "  actually  exist  against  the 
government  of  Rhode  Island,  and  a  requisition  [be  then]  made 
upon  the  Executive  of  the  United  States,"  the  President  would 
"not  be  found  to  shrink  from  the  performance  of  a  duty,  which, 
while  it  would  be  the  most  painful,  is,  at  the  same  time,  the  most 
imperative."  In  the  second  place,  he  denied  that  he  had  any  rightj 
to  look  into  the  "  real  or  supposed  defects  of  the  government,"  or 
to  be  the  "  armed  arbitrator  between  the  people  of  the  different 
States  and  their  constituted  authorities."  He  added  :  "  It  will  be 
my  duty,  on  the  contrary,  to  respect  the  requisitions  of  that  gov- 
ernment which  has  been  recofjnized  as  the  existino:  sfovernment  of 
the  State  through  all  time  past,  until  I  am  advised,  in  regular 
manner,  that  it  has  been  altered  and  abolished,  and  another  sub- 
stituted in  its  place,  by  legal  and  peaceable  proceedings,  adopted 
and   pursued   by  the   authorities   and   people  of   the   State." 

The  effect  of  the  letter  of  the   President,  which  was   published 
immediately   upon  its  arrival,  can   be   readily  judged.      The   govern- 


(*)  First,  be  quoted  the  provision  of  the  constitution  providing  that  "the  United  States  shall 
guaranty  to  every  State  in  this  Union  a  republican  form  of  government  .  .  .  and,  on  application 
of  the  legislature,  or  of  the  executive  (when  the  legislative  cannot  be  convened)  against  domestic 
violence."  Next  was  cited  the  act  of  Congress,  February  28,  1795.  "that  in  case  of  an  insurrection 
in  any  State  against  the  government  thereof,  it  shall  be  lawful  for  the  President  of  the  United  States, 
upon  application  of  the  legislature  of  such  State,  or  of  the  executive  (when  the  legislature  cannot  be 
convened)  to  call  forth  such  numbers  of  the  militia  of  any  other  State  or  States  as  may  be  applied  for. 
as  he  may  judge  sufficient  to  suppress  such  insurrection."  Additional  authority  existed,  under  the  act 
of  March  3,  1807,  granting  the  President  the  right,  in  such  cases  as  those  enumerated  above,  to  use 
the  land  and  naval  forces  of  the  United  States  as  well  as  the  militia.  Bin/.-Zs  Kcf-orl,  658-659  : 
Letter  of  President  Tyler. 


144  THE     DORR     WAR. 

ment  of  the  State  was  strengthened  by  the  assurance  that  the  Pres- 
ident would  recognize  the  charter  government  until  its  successor 
had  been  legally  chosen  by  the  authorities  as  well  as  the  people 
of  the  State.  The  law  and  order  party  was  stimulated  to  resist 
the  establishment  of  an  usurping  government,  trusting  that,  in  case 
an  insurrection  should  arise,  they  could  depend  upon  the  aid  of  the 
United  States.  /  The  letter  from  the  President,  together  with  the 
-^"Algerine  Act"  of  the  legislature,  caused  many  of  the  rank  and  file 
of  the  suffragists  to  weaken,  and  even  played  havoc,  as  has  been 
seen,  with  the  ticket  which  the  party  had  prepared  for  the  first 
election  under  the  People's  Constitution.  Those  who  were  unde- 
cided quickly  joined  the  law  and  order  party ;  but  the  leaders  of 
the  suffragists  continued  their  preparations  for  the  election  and 
inauguratioji^ 

One  reason  for  this  confidence  is  found  in  the  letters  written 
by  Dr.  J.  A.  Brown,  the  president  of  the  Rhode  Island  Suffrage 
Association,^"^  who  had  gone  on  a  mission  to  Washington  in  the 
hope  to  counteract  the  efforts  of  Whipple,  Francis,  and  Potter, 
and  to  obtain  promises  of  assistance  to  the  people's  party,  or  at 
least  to  prevent  the  giving  of  aid  to  the  charter  government.  In 
these  letters,  Dr.  Brown  assured  his  friends  that  he  had  met  Sen- 
ator Allen  of  Ohio,  who  was  heart  and  soul  with  the  suffragists ; 
that  he  had  conversed  with  Wright,  Benton,  Buchanan,  and  a  host 
of  others.  He  had  even  had  an  interview  with  the  President,  and 
he  wrote  :  "  The  President  will  never  send  an  armed  force  to 
Rhode  Island,  or  in  any  other  way  attempt  to  prevent  the  people 
from  obtaining  and  enjoying  their  just  rights." 

J  However  much  Dr.  Brown  may  have  been  deceived  or  may 
have  deceived  himself,  in  his  interview  with  President  Tyler,  it  is 
certain  that  he  succeeded   in  obtaining  the  sympathies,  political  or 


APPEAL    TO     THE     NATION.  145 

otherwise,  of  some  of  the  Democratic  leaders  at  Washington.  On 
the  day  of  the  people's  election,  April  i8,  1S42,  Allen  submitted 
a  resolution  to  the  Senate,  requesting  the  President  to  give  Con- 
gress all  the  information  that  he  had  "  relative  to  proceedings  which 
have  taken  place,  or  are  in  contemplation  in  that  State  [Rhode 
Island],  with  a  view  to  the  establishment  of  a  constitutional  repub- 
lican form  of  government  for  the  people  thereof,  in  the  place  of 
the  land  company  Charter  granted  by  King  Charles  II  of  Eng- 
land ; "  and,  with  this  information,  to  communicate  to  Congress 
"all  correspondence,  proclamations,  orders  and  proceedings,"  which 
had  been  taken  by  the  President  "touching  the  matter."'""  The 
resolution  was  read,  ordered  to  be  printed,  taken  up  again  two 
days  later  and  passed  over  informally.'"^  April  22,  1842,  the  reso- 
lution was  laid  on  the  table  by  a  vote  of  24  to  13,  the  negative 
vote  being  cast  by :  Allen,  of  Ohio ;  Benton,  of  Missouri ;  Buchanan, 
of  Pennsylvania;  Fulton,  of  Arkansas;  Henderson,  of  Mississippi; 
Linn,  of  Missouri;  McRoberts,  of  Illinois;  Smith,  of  Connecticut; 
Sturgeon,  of  Pennsylvania;  Tappan,  of  Ohio;  Wilcox,  of  New 
Hampshire;  Wright,  of  New  York;  and  Young,  of  Illinois."-'  Five 
days  later  a  motion  to  consider  the  resolution  failed  of  passage,  by 
18  to  20:  Archer,  of  Virginia;  Bagly,  of  Alabama;  and  Calhoun, 
of  South  Carolina,  had  changed  sides  and  voted  for  the  consider- 
ation, as  did  also  Sevier,  of  Arkansas ;  Williams,  of  Maine^;  and 
Woodbury,  of  New  Hampshire ;  who  did  not  vote  on  the  former 
occasion."^'  April  28,  consideration  was  again  refused  by  9  to 
28;'''*^  and  April  30,  a  motion  to  take  up  the  resolution  was  also 
negatived.""'  Two  more  attempts  were  made  to  consider  the  reso. 
lutions,  but  both  were  defeated:  one  May  2,  by  a  vote  of  15  to 
28;"''^  the  other  May   17,  by   15   to  23."'^ 


19 


146  THE     DORR     WAR. 

Meanwhile  the  President  took  no  further  important  steps  with 
regard  to  the  difficulties  in  Rhode  Island.  May  2,  the  garrison  at 
Fort  Adams  was  raised  from  10  officers  and  109  men  to  21  officers 
and  281  men/'*'*  a  change  which,  it  is  reasonable  to  suppose,  would 
not  have  been  considered  necessary  had  there  been  no  trouble  in 
the  State.  The  orders  issued  from  the  Headquarters  of  the  Army 
at  Washington  contain  no  statement  of  reasons  for  the  large  in- 
crease in  the  garrison  at  Fort  Adams  ;^'^^  and  it  must  be  noticed, 
also,  that  the  entire  garrison  consisted  of  artillery,  and  was  quite 
remote  from  the  probable  scene  of  any  conflict  that  might  occur. 
The  only  other  step  taken  was  the  direction  to  Major  Payne,  the 
commander  at  the  fort,  to  use  his  best  efforts  to  "obtain  accurate 
information  as  to  the  probability  of  a  conflict  between  the  two  poli- 
tical parties  now  understood  to  be  ready  to  resort  to  arms  for  the 
possession  of  the  government  of  Rhode  Island."  The  major  was 
also  directed  to  report  daily  to  the  Secretary  of  War  and  to  Major- 
General  Scott.  ^~*'*  Whether  or  no  the  executive  or  the  military 
authorities  of  the  United  States  had  any  intention  to  take  the 
part  of  either  of  the  contesting  parties,  this  attempt  to  obtain  in- 
formation shows  a  distinct  interest. 

As  neither  Congress  nor  the  President  was  likely  to  take  any 
immediate  steps  for  or  against  either  party  in  Rhode  Island,  all 
eyes  were  turned  within  the  little  commonwealth  during  the  last 
week  in  April  and  the  first  week  in  May.  No  overt  act  was  prob- 
able, on  the  part  of  the  suffragists,  before  their  inauguration  day. 
May  3  ;  but  the  charter  officers-elect  did  not  come  into  possession 
of  the  government  until  May  4  :  hence,  the  old  government  must 
deal  with  the  beginning  of  the  insurrection,  and  then  turn  the 
difficulty  over  to  their  successors.  To  be  sure,  the  personnel  of 
the  two  sets  of  officials  was  but  slightly  different,   but  the  charter 


APPEAL    TO     THE     NATION.  147 

government  was  in  great  doubt  of  its  status;  the  leaders  were  j)er--f- 
fectly  certain  of  the  wisdom  of  their  position,  but  by  no  means 
sure  what  had  been  the  effect  upon  their  followers  of  the  cries  of 
"sovereignty,"  of  "the  people,"  of  the  "right  to  frame  a  constitu- 
tion." There  was  a  general  feeling  of  dread  and  expectancy.  The 
government  knew  that  even  peaceful  revolutions  frequently  carried 
with  them  persons  who  desired  to  obtain  a  personal  benefit  from 
a  disturbed  state  of  affairs.  About  this  time  the  rumor  became 
current  that  the  suffragists  had  promised,  if  force  was  needed,  that 
their  followers  might  do  what  they  would  with  "  Beauty  and  the 
banks." '^'^  This  baseless  slander  upon  the  suffrage  leaders  had^- 
sufficient  circulation  to  increase  the  feeling  of  hesitation  and  fear. 
To  the  other  troubles  of  the  law  and  order  party  were  also  added 
threats  of  outside  interference.^''^ 

Without  waiting  to  meet  the  shock  of  a  contest  between  rival 
governments,  Governor  King,  tow^ard  the  end  of  April,  set  in  motion 
the  legislature  by  calling  a  special  session  of  the  General  Assembly; 
and  then  took  the  unusual  step  of  recommending  a  Board  of  Coun- 
cillors to  advise  and  counsel  with  the  Governor;  he  also  suggested 
applying  to  the  President  for  aid  ;  and  advised  an  organization  of 
additional  military  force.  *~^^  The  message  was  referred  to  a  com- 
mittee of  ten  —  two  from  each  county. ^•^^'  In  accordance  with  the 
report  of  this  committee,  the  Board  of  Councillors  was  appointed 
by  the  General   Assembly  "  to  advise  with  the   Governor  as  to  the 

''•'  The  Providence  Journal,  April  7,  1842,  editorially  spoke  as  follows  :  "TiiK  Oenkrai.  Govern- 
ment Defied.  Hitherto,  although  we  have  been  accustomed  to  hear  the  State  government  defied, 
and  the  General  Assembly  threatened,  even  the  Town  House  orators  have  professed  to  respect  the 
General  Government.  But  as  the  certainty  grows  more  apparent  that  the  General  Government  will 
interfere  if  called  upon,  as  it  is  constitutionally  bound  to  do,  it  becomes  necessary  for  even  ihat  to 
be  defied.  The  Express  of  yesterday  therefore  openly  defies  the  General  Government,  and  solicits 
"  aid  from  abroad'  to  assist  in  putting  down  the  legal  government,  and  to  force  upon  the  people  of 
Rhode   Island  a  constitution  which  they  do  not  want." 


148  THE     DORR     WAR. 

executive  measures  proper  to  be  taken  in  the  present  emergency 
of  the  State."  This  Governor's  Council  consisted  of :  Richard  K. 
Randolph,  James  Fenner,  Edward  Carrington,  Lem.uel  H.  Arnold, 
Nathan  F.  Dixon,  Peleg  Wilbur,  and  Byron  Diman,'^^'''  seven  of  the 
most  noted  political  leaders  in  the  State.  ^^^  The  appointment  of 
this  council  seems  entirely  in  accord  with  the  charter;  for  such  a 
body  had  once  existed  in  the  Board  of  Assistants,  but  its  successor 
was  the  Senate,  which  had  since  become  merely  a  legislative  body. 
To  create  a  new  part  of  the  government,  with  powers  of  its  own, 
would  have  been  a  piece  of  constitution -making  ;  but  there  was 
nothing  in  the  charter  forbidding  an  advisory  council,  and  its  ap- 
pointment seems  an  act  of  wisdom.  Another  preparation  for  the 
crisis  was  the  enactment  of  a  statute  which  indicated  fear  of  the 
disorders  that  accompany  revolution  :  the  riot  act  was  amended  by 
repealing  the  clause  which  required  the  delay  of  an  hour  before 
using  military  force  after  making  or  attempting  to  make  proclama- 
tion of  the  riot  act.  ^^^^ 

A  Having  thus  shown  its  determination  to  stand  by  the  charter, 
the  law  and  order  party  was  willing  to  yield  to  the  feeling,  preva- 
lent in  this  session,  that  the  troubles  could  not  be  quieted  until  a 
new  constitution  had  been  adopted.  Accordingly  a  proposition  was 
made,  April  27,  to  call  a  third  convention  to  frame  a  constitution. 
This  proposition  caused  a  short,  but  vigorous,  discussion,  but  gave 
place  to  a  motion   to  postpone  the  question  until  the   next  session 


<*'>  James  Fenner  was  one  of  the  most  popular  Democrats  in  the  State  ;  he  had  been  Governor 
many  times,  and  was  again  elected  to  the  chair  in  1843.  The  six  other  councillors  were  Whigs, 
and  were  prominent  lights  in  their  party  councils.  R.  K.  Randolph  was  the  leader  in  the  House, 
and  was,  the  next  month,  chosen  Speaker.  I^yron  Diman  was  the  Lieutenant-Governor  of  the  State. 
Nathan  F.  Dixon  was  later  a  Representative  to  Congress,  and  was  the  son  of  a  United  States  Senator, 
as  well  as  the  father  of  another  United  States  Senator — all  three  bearing  the  same  name.  I'eieg  Wilbur 
was  a  presidential  elector  in  1832,  casting  his  vote  for  Henry  Clay.  Edward  Carrington,  though  less 
prominently  chosen  to  office,   was  well  known  in   Rhode   Island  politics. 


APPEAL    TO     THE     NATION.  140 

and  to  refer  it  to  the  government -elect  (which  would  mean  a 
delay  of  only  a  week):  this  was  carried  by  a  vote  of  45  to  12.'''''' 
The  session  was  nearly  at  an  end  ;  nothing  was  sacrificed  by  the 
delay. 

We  have  now  come  to  the  first  of  May,  1842  ;  the  two  parties 
were  drawn  up,  ready  for  the  struggle  ;  the  two  governments -elect 
were  ready  to  meet  and  organize  ;  the  two  governors -elect  were 
waiting  for  the  day  when  they  could  deliver  their  inaugural  ad- 
dresses ;  the  people  of  Rhode  Island  were  all  on  the  (/ni  vive, 
and  there  was  a  hush  that  precedes  the  storm.  The  people's 
legislature  awaited  the  third  day  of  May  for  its  first  session  at 
Providence  ;  **^^  the  charter  General  Assembly  would  not  meet  until 
the  next  day,  at  Newport.  ^^^ 


*'"  By  the  terms  of  the  People's  Constitution  two  sessions  )'early  of  the  (ienera!  Assembly  were 
provided.  The  session  for  the  election  of  officers  was  appointed  for  the  first  Monday  of  June,  at 
Newport,  except  the  introductory  session  of  the  new  government,  which  was  to  be  at  Providence  on 
the  first  Tuesday  of  May.  The  Assembly  was  required  to  hold  its  winter  session  alternately  at  Provi 
dence  and  at  some  place  in  the  counties  of  Washington,  Kent,  of'  Bristol,  as  determined  by  the  As- 
sembly in  June. 

(^■*  By  the  terms  of  the  charter,  the  General  Assembly  was  required  to  meet  at  least  twice  a  year. ' 
The  session  for  the  election  and  inauguration  of  officers  was  appointed  for  Newport,  on  the  first 
Wednesday  of  May.  The  other  session  might  be  held  anywhere  in  the  State,  but  was  set  for  the 
last  Wednesday  in  October.  The  principal  meeting-places  for  the  legislature,  in  the  history  of  the 
charter  government,  had  been — besides  Newport — Providence,  South  Kingstown,  East  Greenwich,  and 
Bristol,  the  shire  towns  of  each  county.  The  headquarters  of  the  government  had,  by  1842,  come  to 
be  Providence — the  principal  offices  being  in  the  Court  House  or  .State  House  in  that  city.  The 
Freemen's  Constitution  would  have  introduced  a  still  more  complicated  political  geography  :  one  session 
must  be  held  at  Newport,  on  the  last  Tuesday  of  May  ;  another  annual  session,  on  the  last  Monday  of 
October,  was  appointed  for  South  Kingstown  once  in  two  years  ;  at  Bristol  and  East  Greenwich,  alter- 
nately in  the  intermediate  years  ;    the  adjournment  from  the  October  session  must  be  at  Providence. 

Authorities. — 1  Ne70  York  Courier  and  Enquirer,  Apr.  27,  1842.  2  Burke' s  Report,  655- 
656  :  Affidavit  of  Samuel  Currey.  3  Burke's  Report.  660-662  :  Affidavit  of  Martin  Stoddard. 
4  Burke's  Report,  663-665  :  Affidavit  of  Jacob  Frieze.  5  Burke's  Report.  662  :  Affidavit  of  Ham- 
ilton Hoppin.  (>  Burke's  Report,  665-667  :  Affidavit  of  Christopher  Robinson.  7  Burke  s  Report, 
656-657:  Governor  King's  Letters  to  President  Tyler.  8  .Wti'  York  Ezeninii  Post,  .Apr.  15,  1S42  : 
Letter  from  Washington.  9  New  Age,  Apr.  16,  1842.  10  Congressional  G/obe,  II  Sess..  27  Cong., 
1841-42,  p.  430;    Senate  Journal,  II  Sess.,  27  Cong.,  1841-42,   p.  299;    Seitate  Documents,  II  Sess., 


150  THE     DORR    WAR. 

27  Cong.,  1841-42,  IV,  244.  11  Congressional  Globe,  II  Sess..  27  Cong.,  1841-42,  p.  432.  12  Con- 
gressional Globe,  II  Sess.,  27  Cong.,  1841-42,  p.  438  ;  Senate  Journal,  II  Sess.,  27  Cong.,  1841-42, 
p.  309.  13  Congressional  Globe,  II  Sess.,  27  Cong.,  1841-42.  p.  446;  Senate  Journal,  II  Sess., 
27  Cong.,  1841-42,  p.  315.  14  Congressional  Globe,  II  Sess.,  27  Cong.,  1841-42,  p.  449  ;  Senate 
Journal,  II  Sess.,  27  Cong.,  1841-42,  p.  317.  15  Congressional  Globe,  II  Sess.,  27  Cong.,  184T-42, 
p.  459.  16  Congressional  Globe.  II  Sess.,  27  Cong.,  1841-42  p.  462  ;  Senate  Journal,  II  Sess., 
27  Cong.,  1841-42,  p.  323.  17  Congressional  Globe,  II  Sess.,  27  Cong.,  1841-42,  p.  506;  Senate 
Journal,  II  Sess.,  27  Cong.,  1841-42,  p.  347.  18  Burke's  Report,  699:  Report  of  Assistant  Adju- 
tant-General Thomas,  .Apr.  8,  1844.  10  Burke  s  Report,  700  :  Letter  from  Assistant  Adjutant- 
Cieneral  Freeman  to  Colonel  A.  C.  W.  Fanning,  commanding  Fort  Monroe,  Va.,  dated  Apr.  25,  1842. 
20  Burke's  Report,  -jn\  :  Letters  from  General  Freeman  to  Major  Payne,  dated  Apr.  25  and  26, 
1842.  21  Burke's  Report,  69-70.  22  Rhode  Island  House  Journals,  Apr.  25,  1842;  Rhode  Island 
Acts  and  Resolves,  Apr.,  1842,  pp.  3-9  ;  National  Intelligencer,  Apr.  28,  1842.  23  Providence 
Journal,  Apr.  26,  1842  ;  Republican  Herald,  Apr.  27,  1842.  24  Rhode  Island  Acts  and  Resolves, 
Apr.,  1842,  p.  10.  2o  Rhode  Island  House  Journals.  Apr.  27,  1842  ;  Rhode  Island  Acts  and 
Resolves,  Apr.,  1842,  pp.  9-10.  26  Rhode  Island  House  Journals,  Apr.  26  and  27,  1842  ;  Provi- 
dence Express,   Apr.  28,  1842. 


CHAPTER    XIII. 


RIVAL    GOVERNMENTS. 

TUESDAY,  May  3,  1842,  was  a  day  remarkably  full  of  inter- 
est to  the  citizens  of  Providence  and  the  vicinity.  Though 
it  was  not  a  legal  holiday,  the  streets  of  the  city  were 
crowded,  not  merely  with  the  people  of  Providence,  but  with  visi- 
tors from  all  parts  of  the  State.  A  procession  to  escort  the  Gov- 
ernor-elect and  the  General  Assembly  was  formed  in  the  square 
in  front  of  the  Hoyle  Tavern,  at  the  junction  of  Westminster  and 
Cranston  streets,  and  numbered  perhaps  2,000  men,  including  some 
companies  of  militia,  the  Independent  Company  of  Volunteers,  with 
the  Providence  Brass  Band,  heading  the  line.  The  march  was 
down  Westminster  street,  across  W^eybosset  bridge,  through  Ben- 
efit and  Main  streets,  and  back  across  the  bridge.'"  The  State 
House,  as  was  to  be  expected,  was  closed,  and  the  suffrage  leaders 
had  secured  for  the  occasion  an  unfinished  building  intended  to  be 
used  as  a  foundry  :.  hence  the  term  "Foundry  Legislature"  used  in 
taunting  the  people's  government.  To  this  building,  on  or  near 
Eddy  and  Dorrance  streets,  the  procession  escorted  the  Govern- 
ment-elect. 


152  THE     DORR     WAR. 

The  military  escort,  before  being  dismissed,  passed  resolutions 
that  the  People's  Constitution  was  the  supreme  law  of  the  State, 
and  that  it  ought  to  be  obeyed  by  all  good  citizens  thereof ; 
and  that,  '"  as  a  component  part  of  the  militia  of  this  State,  we 
are  bound  to  respect  Thomas  Wilson  Dorr  as  our  '  commander- 
in-chief  under  said  constitution  and  that  we  will  obey  all  lawful 
orders  coming  from  him  as  commander-in-chief  of  this  State,  for 
the  defence  of  said  constitution,  the  laws  of  this  State,  and  the 
laws  of  the  United  States,  when  called  upon  so  to  do."  The  com- 
panies present  thus  definitely  arrayed  themselves  on  the  side  of  the 
new  government,  which  might  reasonably  expect,  therefore,  to  be 
upheld  by  them  in  case  a  necessity  for  military  intervention  pre- 
sented itself.  Few  companies,  however,  had  offered  to  form  a  part 
of  the  escort,  and  fewer  still  had  presented  themselves ;  in  fact, 
the  majority  of  the  State  militia  had,  up  to  this  time,  given  little 
si(j:n  of  attachment  either  to  Governor  Dorr  or  to  Governor  Kins^.^^i 

The  House  of  Representatives  duly  met,  and  organized  by 
choosing  Dutee  J.  Pearce,  of  Newport,  temporary  presiding  officer, 
and  Welcome  B.  Sayles,  of  Smithfield,  Speaker.  Sixty- six  of  the 
eighty  Representatives  presented  their  credentials;  five  towns  were 
unrepresented.  The  Speaker  took  the  oath  of  ofifice  and  adminis- 
tered it  to  the  Representatives -elect.  John  S.  Harris  and  Levi 
Salisbury  were  elected  clerks.  A  committee  of  sixteen  was  ap- 
pointed to  count  the  votes  for  State  officers,  and,  after  a  recess, 
reported  the  officers -elect,  with  their  respective  votes. '"^     The  Gov- 


""As  usual,  the  size  of  the  procession  can  only  be  estimated  by  noting  the  reports  in  the  news- 
papers of  the  day.  The  A\-w  A:^i'  claiine3  that  3.000  persons  were  present  in  line,  while  the  Providence 
Journal  declared  that,  by  actual  count,  the  procession  numbered  1,630  persons.  The  Neio  Age  speaks 
of  the  Independent  Company  of  Volunteers,  "several  militia  companies  and  volunteer  corps,  and  then 
butchers  on  horseback  in  white  frocks."  The  Journal  counted  467  persons  that  carried  guns,  127  with 
swords,  and  54  men  on  horseback  but  not  armed. 


RIVAI-     GOVKKNMKNTS.  153 

ernor,  the  Lieutenant-Governor,  the  Secretary  of  State,  the  Attor- 
ney-General, and  nine  of  the  twelve  Senators  appeared  and  were 
sworn  into  office  ;  the  General  Treasurer  took  the  oath  on  the 
following  day.  It  will  thus  be  seen  that  seventy- nine  of  the  ninety- 
seven  officers  and  members  of  the  Assembly  showed  the  courage  of 
their  convictions  by  their  presence  and  their  oaths  of  office. 

The  Governor  then  delivered  his  inaugural  address  in  the  pres- 
ence of  the  two  Houses  of  the  legislature.''^'  This  address;  like^ 
all  the  documents  coming  from  the  pen  of  Thomas  W.  Dorr,  was 
remarkably  well  prepared  and  appropriate  for  the  occasion  :  review- 
ing the  circumstances  under  which  the  new  constitution  had  been 
prepared,  and  presenting  a  brief  account  of  the  previous  attempts 
made  in  Rhode  Island  for  a  change  in  the  form  of  government, 
Governor  Dorr  clearly  and  succinctly  set  forth  the  position  of  the 
people's  party.  Necessarily  most  of  the  address  was  given  to  these 
preliminary  subjects,  and  the  recommendations  to  the  legislature 
were  brief  and  to  the  point.  He  advised  the  repeal  of  the  "force 
law "  and  recent  kindred  acts  of  the  previous  Assembly,  and  sug- 
gested that  immediate  attention  be  paid  to  the  organization  of  the 
militia.  He  also  recommended  prompt  action  with  regard  to  the 
provisions  of  the  constitution  "  relating  to  the  security  of  the  right 
of  suffrage  against  fraud,  and  to  the  recristration  of  voters."  He 
closed  by  quoting  the  constitutional  provision  that  "  The  laws 
should  be  made,  not  for  the  good  of  the  few,  but  of  the  many; 
and  the  burdens  of  the  State  ought  to  be  fairly  distributed  among 
its  citizens." 

The  General  Assembly  remained  in  session  two  days,  and,  before 
adjourning  to  meet  in  Providence  on  the  first  Monday  in  July, 
passed  certain  resolutions  and  general  laws.^^'  They  requested  the 
Governor   to   make   known   to   the    President  of  the    United   States, 


154  THE     DORR     WAR. 

the  Houses  of  Congress,  and  the  Governors  of  the  various  States, 
the  facts  concerning  the  adoption  of  the  constitution  and  the  estab- 
lishment of  the  new  government.  They  requested  the  Governor 
to  make  proclamation  to  the  people  of  the  State  that  the  govern- 
ment  was  duly   organized,   calling  upon   them   to   obey   the   constitu- 

'^  tion  and  the  laws  enacted  under  it.  They  repealed  the  "  Algerine 
Law,"  passed  an  act  providing  for  the  registration  of  electors  and 
the  manner  of  voting,  abolished  the  Governor's  Council,  repealed 
the  amendment  to  the  riot  act,  chartered  a  new  company  of  militia, 
amended  the  corporation  license  act,  revived  the  charter  of  an  artil- 
lery company,  and  arranged  the  method  of  electing  of^cers  of  militia 
companies.  A  committee  was  appointed  to  "  demand,  receive  and 
transfer  the  records,  books  and  papers  appertaining  to  the  ofifice  of 

A  Secretary  of  State,"  and  another  committee  "to  demand,  receive 
and  transfer  all  the  moneys,  lands,  securities,  records,  books  and 
papers,  and  every  other  article  appertaining  to  the  office  of  the 
General  Treasurer."  The  final  resolution  of  the  session  continued 
in  office  until  the  adjourned  session  all  officers  not  re-elected  or 
replaced,  and  postponed  all  unfinished  business  to  the  same  time. 
With  these  acts  of  legislation  the  General  Assembly  adjourned, 
never  to   meet   again. 

<j-  In  reviewing  the  proceedings  of  the  People's  Legislature,  we 
are  struck  both  by  the  boldness  and  the  timidity  which  were  dis- 
played. It  required  no  ordinary  courage  for  these  eighty  or  more 
men  to  come  together  and  organize  a  legislature  and  a  government 
in  direct  antagonism  to  the  existing  State  government,  for  by  these 
acts  they  laid  themselves  liable  to  arrest  for  treason,  and  they  knew 
that  the  National  Executive  had  plainly  declared  against  them. 
They   must   now  either   carry   things   with    a    high   hand,   and   com- 


RIVAL    GOVERNMENTS.  lOo 

pletely   establish    themselves    in    full    possession    of    the    entire    gov- 
ernment,  or  suffer   the   punishment   of   defeated   rebels. 

Havinfy  thus  assumed  all  the  executive  and  lei^islative  functions 
of  the  State,  the  people's  government  showed  a  fatal  hesitation  ;'^ 
the  State  House  in  Providence  and  the  State  archives  were  in  its 
power,  but  the  Assembly  was  too  timid  to  stretch  forth  its  hand 
and  take  them.  A  proposition  was  made,  in  the  House  of  Rei)re- 
sentatives,  to  instruct  the  Sheriff  to  take  possession  of  the  State 
House  for  the  use  of  the  Assembly,  "but  there  was  a  difference 
of  opinion;  three -fourths  of  the  members  being  opposed  to  such  a 
step,  and  in  favor  of  a  simple  request  only  for  the  opening  of  the 
building."^''*  The  Assembly  thus  placed  itself  in  opposition  to  the 
Governor,  whose  intention  it  was  to  take  possession  of  the  State 
House, '"^  yet  refrained  from  pushing  its  opposition  to  an  effectual 
point. 

Governor  Dorr  always  declared  that  "this  ill-judged  omission  < 
was  of  fatal  consequences.  The  day  was  thus  lost,  and  ultimately 
the  cause  itself,  through  the  vacillating  and  retreating  disposition 
of  its  friends.  They  held,  on  that  day,  every  thing  in  their  own 
hands.  All  might  then  have  been  accomplished  without  loss  or 
injury  to  any  one."^^-  In  the  light  of  subsequent  events  we  can-^ 
see  that  this  was  the  turning  point.  To  obtain  possession  of  the 
State  House  would  have  been  a  peaceful,  as  well  as  an  easy,  task: 
the  old  charter  government  had  lost  its  force,  and  could  accomplish 
little ;  the  new  charter  government  had  yet  to  organize ;  and  the 
charter  officials  were  at  Newport.  The  timidity  of  the  charter 
government  during  the  last  two  weeks  of  April  was  more  than 
counterbalanced  by  the  timidity  of  the  Peoples  Assembly  on  May 
3  and  4. 


156  THE     DORR     WAR. 

^  Another  singular  step  taken  by  the  People's  Legislature  was 
the  retention  of  the  charter  courts  of  law  and  their  ofificials.  Gov- 
ernor Dorr  called  this  "a  remarkable  oversight," ^^^  while  an  oppo- 
nent sarcastically  suggested  that  it  was  "  an  extraordinary  act  of 
legislative  courtesy."*^*  This  continuation  of  the  charter  courts  in 
the  full  exercise  of  their  powers,  especially  the  Supreme  Judicial 
Court,  consisting  of  men  so  opposed  to  the  People's  Constitution 
as  were  Chief  Justice  Durfee  and  Justices  Haile  and  Staples, 
seems    almost    incredible. 

^  A  still  stronger  proof  of  the  timidity  of  the  People's  General  As- 
sembly is  shown  by  the  hasty  adjournment.  A  legislature  chosen 
in  accordance  with  the  provisions  of  a  new  constitution  would  be 
supposed  to  have  an  extra  amount  of  business  to  undertake.  A 
reform  Assembly,  chosen  to  rearrange  many  of  the  important  con- 
cerns of  the  State,  might  well  have  kept  busy  for  weeks.  A 
legislative  body,  elected  under  the  unusual  circumstances  which 
surrounded  the  Foundry  General  Assembly,  adjourning  for  two 
months,  on  the  second  day  of  its  first  session,  presents  a  perplex- 
ing problem.  Whatever  the  reasons  for  the  adjournment,  the  con- 
sequences are  evident.  Every  one  must  have  expected  some  sort 
of  conflict  with  the  charter  government,  and  perhaps  with  the  mili- 
tary power  of  the  nation :  by  its  adjournment  the  Assembly  threw 
the  whole  brunt  of  the  battle  upon  Governor  Dorr.  When,  later, 
he  left  the  State,  he  was  openly  charged  with  cowardice ;  but  the 
legislature  gave  the  first  example  of  lack  of  courage.  The  only 
assignable  reason  for  the  hasty  adjournment  was  the  request  of 
the  Assembly  that  the  Governor  send  a  commission  to  the  Presi- 
dent of  the  United  States. 

The  charter   government -elect    met  as   usual,   at   Newport,    May 
4,  and  went  through  a  short  session  in  the  usual   routine  of  legis- 


RIVAL     GOVERNMENTS.  157 

lative  work.  The  House  organized  by  the  clioice  of  Ricliard  K. 
Randolph,  of  Newport,  as  Speaker.'"^'  The  only  important  measure 
was  the  following  resolutions:^"^ 

"  Whereas  a  portion  of  the  people  of  this  State,  for  the  pur- 
pose of  subverting  the  laws  and  the  existing  government  tliereof, 
have  framed  a  pretended  constitution,  and  for  the  same  unlawful 
purpose  have  met  in  lawless  assemblages,  and  elected  officers  for 
the  future  government  of  this  State ;  and  whereas  the  people  so 
elected,  in  violation  of  law,  but  in  conformity  to  the  said  pretended 
constitution,  have  on  the  third  day  of  May  instant,  organized  them- 
selves into  executive  and  legislative  departments  of  government, 
and,  under  oath,  assumed  the  duties  and  exercise  of  said  powers  ; 
and  whereas,  in  order  to  prevent  the  due  execution  of  the  laws,  a 
strong  military  force  has  been  called  out,  and  did  array  themselves 
to  protect  the  said  unlawful  organization  of  government,  and  to 
set  at  defiance  the  due  enforcement  of  law ;   Therefore, 

"  Resolved  by  the  General  Assembly,  That  there  .now  exists  in 
this  State  an  insurrection  against  the  laws  and  constituted  authori- 
ties thereof;  and  that,  in  pursuance  of  the  constitution  and  laws 
of  the  United  States,  a  requisition  be,  and  hereby  is,  made  by  the 
legislature  upon  the  President  of  the  United  States,  forthwith  to 
interpose  the  authority  and  power  of  the  United  States  to  suppress 
such  insurrectionary  and  lawless  assemblages,  to  support  the  exist- 
ing government  and  laws,  and  protect  the  State  from  domestic 
violence. 

"  Resolved,  That  his  excellency  the  Governor  be  requested  im- 
mediately to  transmit  a  copy  of  these  resolutions  to  the  President 
of  the   United  States," 

Henry  Bowen,  Secretary  of  State,  certified  the  seal  of  the  State 
to  a  copy  of  these  resolutions  on  that  day.  May  4;"-^  and  Gov- 
ernor King  sent  Speaker  Randolph  and  State  Senator  Elisha  R. 
Potter,  afterwards   Representative  to   Congress,   to   carry  the   resolu- 


158  THE     DORR     WAR. 

tions  to  the  President,  and  give  a  personal  letter  to  the  President, 
expressing  the  hope  that  speedy  assistance  would  be  furnished/'^^ 
On  the  same  day  Governor  Dorr  transmitted  to  President  Tyler 
the  resolutions  of  the  People's  Assembly,  with  the  accompanying 
note:  —  "^^  "Sir:  as  requested  by  the  General  Assembly,  I  have 
the  honor  of  transmitting  to  you,  under  the  seal  of  the  State,  the 
accompanying  resolutions;  and  I  am,  very  respectfully,  your  obedi- 
ent servant,  Thomas  W.  Dorr,  Governor  of  the  State  of  Rhode 
Island  and  Providence  Plantations.  To  John  Tyler,  President  of 
the    United   States." ^^' 

Each  of  the  two  governments  thus  sought  to  obtain  the  sup- 
port of  the  national  government,  which  was  likely  to  be  decisive. 
^President  Tyler,  on  the  other  hand,  was  anxious  to  see  the  matter 
settled  without  his  interference.  Governor  King,  representing  the 
long -established  government,  and  fortified  by  the  previous  promises 
of  the  President,  was  put  off  with  good  advice  for  the  present. 
May  7,  Tyler  replied  to  his  letter  of  the  fourth,  stating  that  his 
opinion  as  to  the  President's  duty  had  not  changed,  but  that  later 
information  caused  him  to  believe  that  "the  danger  of  domestic 
violence  is  hourly  diminishing,  if  it  has  not  wholly  disappeared."^''^ 
He  concluded  with  another  promise  to  uphold  the  charter  gov- 
ernment, if  the  necessity  presented  itself. ^'•'^'  Two  days  later  the 
4  President  wrote  a  confidential  letter  to  King,  and  entrusted  it  to 
Speaker  Randolph,  advising  a  proclamation  of  amnesty  and  a  call 
for  a  new  convention.^"''     May   12,  King  answered  that  the  General 

"''The  /'rovii/ence  Journal,  May  6,  1S42,  calls  attention  to  the  duplicating  of  the  State  seal. 
•'  It  will  be  seen  by  the  proclamation  of  Thomas  W.  Dorr,  calling  himself  Governor  of  Rhode  Island, 
tiiat  the  seal  of  the  State  has  probably  been  forged,  as  he  speaks  of  affixing  it  to  his  proclamation. 
Whoever  has  done  this  has  committed  a  very  serious  offence." 

''•■^  What  this  "later  information"  was  is  not  apparent,  unless  it  may  have  been  the  news  of  the 
adjournment  of  the  People's  Legislature. 


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1  60  THE     DORR     WAR. 

Assembly,  at  its  June  session,  would  doubtless  organize  a  conven- 
tion, and  that  it  had  "already  been  announced  as  the  opinion '^'''  of 
the  executive  that"  pardons  for  past  "designs  against  the  State" 
would  be  granted  to  those  who  would  "  withdraw  themselves  from 
such  enterprise,  and  signify  their  return  to  their  allegiance  to  the 
Qfovernment."^''* 

On  the  day  of  Tyler's  letter  to  King,  Dorr  was  on  his  way  to 
Washington  to  plead  the  cause  of  the  People's  Government  in 
person.  In  accordance  with  the  directions  of  his  General  Assem- 
bly, he  had  appointed  Dutee  J.  Pearce  and  Burrington  Anthony, 
the  people's  sheriff  of  Providence  county,  to  bear  the  legislative 
resolutions,"'"^'  but  almost  before  the  commission  had  started  ^^  the 
People's  Governor  set  out  for  the  same  purpose.  This  hurried  de- 
parture of  the  Governor  naturally  gave  rise  to  the  report  that  he 
had  fled  from  the  State  for  safety.  Roger  W.  Potter,  the  charter 
sheriff  of  Providence  county,  had  been  provided  with  a  warrant 
for  the  arrest  of  the  Governor,  on  Thursday  (May  5).  He  after- 
wards testified  that  he  could  not  find  the  man,  although  he  ac- 
knowledged that  he  did  not  make  any  very  systematic  search  for 
him."^'  Later  movements  leave  no  room  for  doubt  that  the  Gov- 
ernor intended  to  return  to  Rhode  Island,  and  that  the  resolutions 
passed   by   an   assemblage   of   suffrage   sympathizers,   urging   him   to 


"'*  Under  the  charter  g-overnment  in  Rhode  Island,  the  power  of  pardons  was  held  by  the  Assembly 
and  not  Vjy  the  (iovernor. 

*'■'  "  Mr.  Dorr  arrived  in  New  York  on  Saturday  (May  7),  on  his  way,  it  is  said,  to  this  city." 
jV<i/i(>iia/  Intflli:^ciu-er.  May  ID,  1842.  "I  left  the  State  on  the  Saturday  after  the  I.eo;islature  ad- 
journed."     'I'estimony  of   Dutee  J.   i'earce,   in   Pitman,    Trial  of  Dorr,   26. 

"'  "  Witness  was  first  directed  to  go  to  I'urrington  Anthony's  house  for  Dorr  ;  but,  after  dinner, 
was  directed  ncjt  to  go  there,  but  to  arrest  Dorr  if  he  should  find  him  down  street  in  the  city.  Did 
not  know  what  might  be  considered  his  place  of  residence,  as  he  had  removed  from  his  former  home 
to  the  Franklin  House,  and  afterwards  left  the  house.  Did  not  know  that  his  residence  was  at  B. 
Anthony's.      Did  not  intjuire  for  him  there.     Was  told  that  he  might  be  found  at  the  printing  office 


RIVAL     GOVERNMENTS.  161 

personally  represent  his  government  at  Washington,  had  consider- 
able influence  in  leading  him  to  make  the  journey.  It  is  certain, 
however,  that  the  secrecy  pursued  did  not  help  the  cause  of  the 
people's  government,  at  least  within  the  State  itself.^*''*  Not  until 
Monday  did  the  suffrage  organ  deign  to  allude  to  the  question  of 
the  Governor's  movements,  and  then  it  merely  stated  that  he  was 
not  in  Rhode  Island,  but  was  away  for  a  few  days  on  important 
public  business,  and  that  it  was  presumed  that  he  was  at  Wash- 
ington. ^'^^ 

The  two  commissioners  and  the  Governor  joined  forces  in  Phil- 
adelphia on  Monday  (May  g),^''^^^  and  proceeded  at  once  to  Wash- 
ington. Their  stay  at  the  Capital  was  brief,  inasmuch  as  Dorr  and 
Pearce  started  for  home  on  Wednesday  (May  ii),^~'^  and  Anthony 
arrived  in  Providence  on  the  morning  of  Thursday  (May  i2).*'^-' 
The  steps  which  Governor  Dorr  and  his  associates  took  while  in 
W^ashington  have  been  most  carefully   kept  secret.     No   account  of 


of  the  Herald  or  Express."  Testimony  of  Potter,  in  Turner,  Trial  of  Dorr,  12  ;  see  Pitman,  Trial 
of  Dorr,  25.  "  Our  opponents  are  at  their  wits  end  to  know  what  has  become  of  Gov.  Dorr.  They 
say  that  they  wish  to  arrest  him,  but  can't  find  him.  Why  did  they  not  do  it  when  lie  was  daily  in 
the  street  ?  As  soon  as  tliey  ]<new  that  he  was  absent  on  business,  they  pretended  to  be  on  the 
lookout,  and  sent  a  troop  of  officers  down  to  the  Steam  boat,  for  a  sham  to  take  him  i)i  transitu, 
when  it  was  well  known  that  he  was  beyond  their  jurisdiction."     Providence  Express,  May  10,  1S42. 

(f-'' "  The  warrant  against  Mr.  Dorr  has  not  been  served,  owing  to  the  impossibility  of  finding 
him.  He  is  either  concealed  or  has  left  the  city.  We  are  inclined  to  the  opinion  that  he  has  gone 
off,  that  he  went  across  the  country  and  met  the  railroad  train  at  one  of  the  country  depots.  In 
order  to  cover  his  retreat  and  give  an  air  of  dignity  to  his  flight,  the  meeting  at  the  Court  House 
parade  passed  a  resolution  requesting  him  to  go  to  Washington  and  represent  the  interests  of  his 
party  at  the  seat  of  government.  People  who  go  abroad,  on  honorable  missions,  generally  go  in 
the  broad  light  of  day  and  by  the  most  convenient  and  customary  routes."  Providence  Journal, 
May  9.  1842.  "  Shortly  after  the  session  of  the  People's  Assembly,  having  attended  to  the  necessary 
executive  business,  I  set  out  for  the  city  of  New  York,  with  the  intention  of  proceeding  to  Washington. 
I  was  strongly  urged  to  visit  the  capital  by  many  of  the  best  friends  of  our  cause,  and  a  vote  to  the 
same  effect  was  adopted  at  a  large  meeting  of  the  citizens  of  Providence.  They  were  desirous  that 
I  should  ascertain,  on  the  spot,  what  were  the  springs  of  the  movement  against  us  at  Washington, 
and  whether  there  was  a  final  determination  to  suppress  our  constitution  by  force."  Dorr,  in  "Ad- 
dress to  the  People  of  Rhode  Island,"  August,  1843,  in  I^urke's  Report,  750. 
21 


1G2  THE     DORR     WAR. 

their  movements  while  in  the  city  has  been  preserved.  However, 
they  had  no  success  in  prevailing  upon  the  executive  authorities 
to  take  any  different  ground  from  their  position  already  described. 
Doubtless  individual  Senators  and  Representatives  may  have  spoken 
cheering  words  to  the  deputies  from  the  new  government,  but  no 
official  action  was  taken  by  Congress  either  during  or  immediately 
subsequent  to  their  visit  to  Washington.  The  communication  from 
Governor  Dorr,  informing  the  United  States  that  the  State  govern- 
ment under  the  new  constitution  had  been  duly  established,  was 
received  by  the  Senate  and  immediately  laid  upon  the  table.  *^'^'^^ 

Meanwhile  the  issuance  by  the  charter  government  of  the  war- 
rant for  the  arrest  of  Governor  Dorr  was  merely  a  forerunner  of  the 
conflict  which  had  already  begun  between  the  rival  governments. 
-Jr  In  less  than  a  week  after  the  adjournment  of  the  Assembly,  the 
people's  government  was  in  a  state  of  collapse.  The  first  arrest 
was  that  of  Daniel  Brown,  a  Representative  from  Newport,  on  a 
warrant  issued  and  served  May  4:^*^^^  he  was  admitted  to  bail  in 
the  sum  of  $5,000.  The  next  day  came  the  arrest  of  Dutee  J. 
Pearce,  two  days  before  he  started  for  Washington  :^'^'^^  he  was 
granted  the  same  bail.  Many  warrants  were  issued  on  this  day, 
and  the  next  day  Burrington  Anthony  was  arraigned,  and  admitted 
to  bail  in  season  to  proceed  to  the  national  capital. '^''^  Other 
arrests  followed  as  the  days  went  by,  among  the  most  important 
being  those  of  the  General  Treasurer,  Joseph  Joslin  ;  Representative 
Benjamin  Arnold,  of  Providence ;  Speaker  Sayles,  of  Woonsocket ; 
and  Senator  Hezekiah  Willard,  of  Providence.  *^'^  Mr.  Arnold  was 
reported  to  have  refused  to  give  the  $2,000  bail,  and  to  have  been 
taken  to  prison.  ^^*^^ 

These  wholesale  arrests  were  naturally  followed  by  numerous 
withdrawals  from   office.      May  5,   the   resignation   of    Nathaniel    C. 


RIVAL    GOVERNMENTS.  ICo 

Smith,  Representative  from  Newport,  was  announced;^-'"  tlie  next 
day  that  of  George  Niles,  of  Richmond  ;'''^'^  and  on  the  following 
day  that  of  William  L.  Thornton,  of  Providence.''"'  Ikfore  the 
return  of  Governor  Dorr  to  the  State,  the  resignations  of  many 
others  had  been  publicly  announced,  among  them  being  those  of 
James  Yeaw,  of  Scituate ;  T.  G.  Haszard,  of  Westerly;  Sydney  S. 
Tillinghast,  of  East  Greenwich;  William  P.  Arnold,  of  Westerly; 
and  Jonah  Titus,  the  Attorney- General.  ^^^^  The  Providence  Jour- 
nal exultantly  summarized  the  state  of  the  people's  government  as 
follows:  "The  revolution  is  in  a  state  of  suspended  animation. 
Governor  Dorr  had  hid  or  run  away.  Pearce  is  missing.  Sheriff 
Anthony  has  absquatulated.  The  Secretary  of  State's  office  is  over 
the  line,  and  their  headquarters  nobody  knows  of.  Their  General 
Assembly  has  evaporated."  ^"'^■^^ 

To  resist  these  arrests  and  to  prevent  further  resignations,  the 
suffragists  were  at  their  wit's  end,  and  their  organ,  the  Providence 
Express  (the  daily  edition  of  the  Nezu  Age),  made  a  dangerous 
blunder  in  the  minatory  method  which  it  adopted.  In  its  issue 
of  May  9,  appeared  the  following : 

"  Particular    Notice. 

"The  following  is  the  order  of  Proceedings  under  the  '  Algerine 
Act '  to  the'  present  time,  according  to  their  respective  dates  : 

"No.  I,  May  4th. —  Mr.  Daniel  Brown  of  Newport  arrested  for 
Treason,  on  complaint  of 

"^IS^  WILLIAM    PECKHAM   of  S.   Kingstown. 

"The  warrant  was  issued  by  HS^JOI^  DURFEE  of  Tiverton, 
resident  citizen  on  Quawket  Neck. 

"  Mr.  Brown  was  held  to  bail  in  the  amount  of  $5000,  with  two 
sureties  to  the  same  amount. 


164  THE     DORR     WAR. 

"  2d. — The    Hon.    Dutee    J.    Pearce    of    Newport    was    arrested, 

May  5th,  for  Treason,  on  complaint  of  H^^ GRAND  ALL  of 

Newport -^|r  by  1|®=- WM.  H.  DOUGLAS  of  Newport. ^®|r 
The  warrant  was  issued  by  l|^=^JOB  DURFEE^^^^T  aforesaid. 
Mr.  Pearce  was  held  to  bail  with  two  sureties,  in  the  sum  of  ^5000 
each. 

"3d,  May  6th. — Burrington  Anthony,  Esq.  late  Marshal  of 
the  United  States  for  this  District,  was  arrested  for  Treason  by 
H^^  DANIEL  K.  GHAFFEE  of  this  city.  No.  40,  High  Street. 
On  complaint  of  H^f^  HENRY  G.  MUMFORD  of  this  city, 
No.  — ,  Bowen  Street.  """"^^  The  Warrant  was  Issued  by 
H^^  HENRY  L.  BOWEN,  of  this  city.  No.  — ,  George 
Street.  ^=^^1^  Mr.  Anthony  was  held  in  bail  in  the  sum  of 
^4000." 

Well  might  the  Jo7irnal  ask  :  "  Do  the  men  of  the  suffrage 
party  approve  of  this  1  Do  they  agree  that  their  fellow  citizens, 
the  judicial  and  executive  officers  of  the  State,  shall  be  marked  for 
the  torch  of  the  incendiary  or  the  dagger  of  the  assassin  }  If  the 
wretched  and  unprincipled  leaders  of  this  foul  conspiracy  think  that 
they  can,  in  this  manner,  intimidate  men  from  the  discharge  of  their 
duty,  they  will  find  themselves  greatly  mistaken."^-'** 


AUTIIOKITIKS. — 1  Providence  Journal,  May  4,  1842  ;  New  Ai;e,  May  7,  1842  ;  reprinted  in 
Burke  s  Report,  717-719.  2  The  Journals  of  the  Senate  and  the  House  of  Representatives  of  the 
People's  Government  are  given  in  Burke  s  Report,  448-461  3  This  address  may  be  found  in  the 
Neiv  Age,  May  7,  1842  ;  reprinted  in  Burke's  Report,  720-731.  4  The  Acts  and  Resolves  of  this 
General  Assembly  are  reprinted  in  Burke' s  Report,  461-469.  5  Testimony  of  Dorr,  in  Turner,  Trial 
of  Dorr,  73.  0  Testimony  of  Carter  and  Pearce,  in  Turner,  Trial  of  Dorr,  31  and  13.  7  Testi- 
mony of  Dorr,  in  Turner,  Trial  of  Dorr,  73.  S  Turner,  Trial  of  Dorr,  73.  {)  Prosecuting 
Attorney  Hosworth,  in  Pitman,  'J'rial  of  Dorr,  63.  10  Rhode  Island  Manual,  1SDC,-1SD7,  p.  95. 
II  Rhode  Jsland  I/ouse  Journals.  May  4,  1842  ;  Rhode  Island  Acts  and  Resolves,  May,  1842,  p.  17; 
Burke  s  Report,  673.  12  Burke's  Report,  673-674.  l.*{  Burke's  Report,  672-673.  l-l  Burke's 
Report,  675,        l.>   Rhode  Island  House  Journals ,  May  11,  1842  ;  Burke's  Report,  674.        1<>  Burke's 


RIVAL    GOVERNMENTS.  1G5 

Report,  676.  17  Burke  s  Report,  676-677.  18  Ne7v  Ai^e,  May  14,  1842.  IJ)  l''rovidence  Ex- 
press, May  9,  1842.  20  Testimony  of  I'earce,  in  Pitman,  Trial  of  Dorr,  26.  21  Ne-o  York 
American,  May  13,  1842.  22  Providence  Express,  May  13,  1842.  23  Coni^ressional  Globe,  II 
Sess.,  27  Cong.,  1841-42,  p.  479.  24  Providence  Journal,  May  5,  1842  ;  Providence  Express,  May 
9,  1842.  25  Providence  Journal,  May  6,  1842  ;  Providence  Express,  May  9,  1842.  20  Providence 
Journal,  May  7,  1842  ;  Providence  Express,  May  9,  1842.  27  See  the  Providence  newspapers  from 
May  9  to  May  14,  inclusive.  28  National  Intelligencer,  May  12,  1842,  taken  from  the  New  York 
Commercial  Advertiser.  29  Providence  Journal,  May  5,  1842.  30  Providence  Journal,  May  6, 
1842.  31  Providence  Journal,  May  7,  1842.  32  See  the  Providence  newspapers  from  May  9  to 
May  14,  inclusive.       33  Providence  Journal,  May  9,  1842.       34  Pro-ndence  Journal,  May  10,  1842. 


CHAPTER    XIV. 


TAMMANY    HALL. 

V 

NINE  days  had  now  passed  since  the  organization  of  the 
people's  government :  beyond  Governor  Dorr's  proclama- 
tion and  official  communications  to  Washington,  no  exec- 
utive action  had  been  taken.  The  legislature  had  been  in  session 
two  days,  but  none  of  the  statutes  which  it  enacted  had,  as  yet, 
gone  into  effect,  in  any  sense  of  the  term.  The  Governor  himself 
was  absent  from  the  State,  and  a  veil  of  secrecy  surrounded  all  his 
actions  ;  and  many  of  the  officials  and  representatives  had  withdrawn 
from  the  government.  The  rank  and  file  of  the  people's  party  felt 
that  they  were  leaderless  ;  they  realized  that  their  government  was 
practically  non-existent;  they  were  ready  to  acknowledge  that  their 
^  cause  was  lost.  The  former  leaders  of  the  party  had  placed  the 
burden  upon  the  chief  executive,  and  he  had  apparently  deserted 
them.     Something  ought  to  be  done,  and  that  at  once. 

At  this  juncture  Sheriff  Anthony  arrived  in  Providence,  bringing 
report  of  the  mission  to  Washington.  Immediately  notice  was  issued 
to  the  friends  of  suffrage  to  assemble  in  the  afternoon,  in  front  of 
the  State  House,  to  hear  the  report  and  to  take  action  accordingly.^'^ 
Benjamin  Arnold,  Jr.,  presided,  and  after  a  few  remarks  introduced 


TAMMANY    HALL.  167 

the  commissioner,  who — realizing  the  importance  of  the  moment  — 
spoke  most  encouragingly.  Interviews  had  been  obtained  with  Pres- 
ident Tyler,  Secretary  of  State  Webster,  and  with  several  Senators 
and  Representatives ;  and  he  declared  that  the  cause  was  rapidly 
gaining  friends,  and  would  soon  win  the  day.  He  urged  the  party 
to  continue  in  its  course,  and  spoke  of  the  general  condemnation 
of  the  "Algerine  Law"  which  he  had  found  wherever  he  had  been. 
Dr.  Brown  then  presented  a  series  of  bold  resolutions,  which  showed 
that  the  inflammatory  publications  of  the  party  organ  had  not  been 
without  effect. ^^^  At  the  same  time,  these  resolutions  were,  for  the 
most  part,  mere  bravado.  Though  bravely  standing  up  for  their 
fundamental  constitutional  principle,  though  vehemently  attacking 
the  "  Algerine  Law,"  and  though  honestly  promising  to  support  the 
Governor,  they  did  not  endorse  the  people's  government,  they  did 
not  propose  to  attempt  to  overthrow  the  charter  authorities,  and 
they  contained  no  clause  which  would  prevent  the  people's  party 
from  yielding  to  the  dc  facto  government,  if  it  would  treat  them 
leniently  and  give  them  a  liberal  constitution.  That  such  a  result 
was  desired  by  the  leaders  at  this  meeting  is  shown  by  Anthony's 
statement,  a  few  days  later,  that  he  had  been  informed  by  President 
Tyler  that  he  proposed  to  write  Governor  King  a  private  letter, 
advising  that  some  advances  should  be  made  to  the  people  and 
that  no  more  arrests  should  be  made  under  the  "  Algerine  Law."^^' 
This  letter,  as  has  been  shown,  had  been  written  by  the  President 
on  the  very  day  of  the  arrival  of  the  commissioners  in  Washington. 
Governor  Dorr  and  his  faithful  friend,  Pearce,  were  no  more 
certain  of  the  future  than  their  leaderless  followers  in  Providence. 
On  their  arrival  in  New  York,  May  12,  no  plans  for  future  action 
had  been  matured. '^^  Dorr  himself  did  not  hesitate  to  state  to 
friends  whom  he  met  in  that  city  that  he  could  do  no  more  ;   that 


168  THE     DORR     WAR. 

he  must  now  trust  to  the  promise  of  the  President  that  he  would 
procure  an  act  of  amnesty  for  all  past  offences/^^  But  the  Gov- 
ernor met  with  a  welcome  from  these  New  York  friends  which 
cheered  his  drooping  spirits  and  urged  him  on  to  further  action. 
He  had  yielded  to  what  seemed  the  inevitable  because  he  knew 
that  he  and  his  followers  could  not  overthrow  the  charter  authori- 
ties, who  had  retained  possession  of  the  government,  if,  as  he  felt 
certain,  they  should  be  upheld  by  the  national  power.  Now  it  was 
suggested  to  him  that  he  might  depend  upon  the  assistance  of 
friends  from  other  States,  if  the  President  should  send  forces  to 
"^  Rhode  Island.  As  will  be  seen,  the  forty- eight  hours  spent  in 
New  York  had  great  influence  upon  the  history  of  Rhode  Island 
during  the  next  two  months. 
^  Dorr's   New   York    friends   were    leaders   of    Tammany   Hall,   an 

organization    which    had    already    twice    shown    its    interest    in    the 
-^1  popular  movement   in    Rhode    Island.      Before  the  middle  of  April, 

a  memorial  was  prepared  and  circulated  for  signatures  in  New 
York  city,  requesting  the  National  House  of  Representatives  to 
impeach  the  President  for  his  "  armed  interference,  or  threatened 
coercive  measures,  against  the  people  of  Rhode  Island,  in  their 
struggle  to  cast  off  the  authority  claimed  over  them  under  King 
Charles  Second's  charter." ^^^  Nothing  further  is  heard  of  this  me- 
morial, but  April  27  a  meeting  was  held  at  Tammany  Hall  to 
awaken  interest  in  the  movement  in  Rhode  Island.'^'  Aaron  Van- 
derpool  presided,  and  the  assembled  braves  were  addressed  by  A. 
W.  Parmenter,  of  Rhode  Island,  one  of  the  subordinate  leaders  of 
the  people's  party.  ^^^ 


<")  A  mistake  was  made  by  the  suffrage  leaders  when  they  brought  into  prominence  a  man  like 
Parmenter,  who  had  spent  eighteen  years  in  the  Massachusetts  State  IVison.  See  Potter,  Consid- 
erations,  7. 


TAMMANY     HALL.  1G9 

The  arrival  of  Governor  Dorr  was  the  signal  for  immediate 
action.  First  came  social  amenities  :  the  Tammany  organ  semi- 
officially announced  that  "  His  Excellency,  Governor  T.  W.  Dorr, 
of  Rhode  Island,  has  consented  to  attend  the  performance  at  the 
Bowery  Theatre  this  evening,  accompanied  by  the  Rhode  Island 
Delegation  and  several  other  distinguished  personages."'*^  The 
"  delegation  "  consisted  of  Dorr  and  Pearce,  and  the  escort  was  led 
by  E.  F.  Purdy,  late   President  of  the   Board  of  Aldermen.'"'' 

During  the  day  (Friday,  May  13)  the  Governor  met  many  of 
the  chief  personages  of  Tammany  at  his  headquarters,  Howard's 
Hotel, '^°'*  and  the  next  morning  was  accorded  a  reception  at  Tam- 
many Hall.  Many  citizens  called  upon  him,  and  the  Governor 
made  an  address  which  was  received  with  applause.  Pearce  had 
already  left  for  home,  but  Speaker  Sayles,  who  came  to  Dorr's 
assistance,  earnestly  seconded  the  Governor's  remarks.*'^'  A  crowd 
collected  in  the  park  near  the  Hall,  and  when  it  became  necessary 
for  Dorr  to  leave  in  order  to  catch  the  Stonington  steamboat,  an 
impressive  escort  was  formed,  under  the  lead  of  William  H.  Cornell 
as  grand  marshal,  consisting  of  a  brass  band,  a  number  of  firemen 
drawing  a  "brass  12 -pounder,"  and  perhaps  five  hundred  citizens. 
The  barouche,  following  the  escort,  was  decorated  with  the  Ameri- 
can flag  and  contained  Governor  Dorr  and  Speaker  Sayles,  together 
with  Alderman  Purdy  and  Levi  D.  Slamm,  editor  of  the  N'czo  York 
Neiv  Era}^^ 


^^^  N'ew  York  New  Era,  quoted  by  the  A'ew  York  Evening  Post,  May  i6,  1S42  ;  Xc-it<  York 
Atnerican,  May  iS,  1S42.  iVccording  to  the  iYc7o  Era,  the  escort  was  a  "vast  civic  procession 
which  numbered  thousands  of  our  most  worthy,  industrious  and  respectable  citizens."  The  Ai/wrican 
says  of  it  :  "We  never,  in  our  lives,  saw  a  worse  looking  set  than  the  Governor's  escort  —  the 
Five  Points  could  not  have  beaten  it  at  an  election.  The  Governor  sat  bareheaded,  looking  as  grave 
as  an  owl.  He  is  a  man  of  nerve  and  no  mistake —  Any.  but  such  a  person,  would  have  broken 
down  in  a  fit  of  laughter,   at  the  absurdity  of  the  thing." 

28 


170  ■  THE     DORR  WAR. 

<j^  Up  to  this  point  the  movement  in  New  York  City  may  be  said 
to  have  been  that  of  a  few  men,  who  were  desirous-  of  starting  an 
agitation.  The  next  step  was  the  calhng  of  a  mass  meeting  to  be 
held  at  "The  Park,"  on  Tuesday  evening  (May  17)  to  "adopt  such 
action  as  may  be  needful  in  view  of  the  threatened  interference  of 
the  United  States  Government  to  put  down  the  free  people  of  Rhode 
Island." '^^^  Among  the  thirty-six  names  appended  to  this  call  were: 
Vanderpool,  Purdy,  and  Slamm,  already  mentioned,  and  William  C. 
Bryant,  Samuel  J.  Tilden,  Walter  Bowne,  Alexander  Stewart,  Ely 
Moore,  Stephen  Allen,  and  John  I.  Morgan. ^°^  The  meeting  was 
called  to  order  by  Vanderpool  ;  C.  C.  Cambreleng  was  chosen  pres- 
ident;  and  twenty-six  vice-presidents,  nominated  by  Purdy,  were 
appointed. ^^*  The  meeting  was  addressed  by  Vanderpool,  Cambre- 
leng, Moore,  and  others  ;^^^^  and  adopted  resolutions  criticising  Pres- 
ident Tyler  for  forcible  interference  in  the  affairs  of  Rhode  Island. 
A  "corresponding  committee"  of  twelve  was  appointed,  containing 
such  names  as  Vanderpool,  Purdy,  Slamm,  and  Tilden. '^^     The  news- 


(c)  ^^i'w;  Vori'  Atitericav,  June  g,  1842.  The  call  was  signed  by  A.  Vanderpool,  Campbell  P. 
White,  William  C.  Bryant,  C.  C.  Cambreleng,  Ely  Moore,  J.  W.  Edmonds,  Daniel  Stanton,  Walter 
Bowne,  David  Bryson,  Hezekiah  W.  Bonnel,  Thomas  W.  Tucker,  Daniel  Ward,  John  Pettigrew, 
Samuel  J.  Tilden,  Nelson  J.  Waterbury,  William  McMurray,  Theodore  Sedgwick,  J.  Sherman  Brown- 
ell,  Elijah  F.  Purdy,  Abraham  Hatfield,  S.  Cambreleng,  John  V.  Greenfield,  Henry  J.  Anderson, 
Alexander  Stewart,  Stephen  Allen,  Nicholas  Schureman,  John  I.  Morgan,  Gideon  Ostrander,  Frederick 
R.  Lee,  Levi  1).  Slamm,  Josiah  Hopkins,  Auguste  Davezac,  J.  L.  O'Sullivan,  John  H.  Bowie,  L. 
Bonnefaux,  and  Clement  Guion. 

i*^)  JVe7a  York  Observer,  May  2i,  1842  ;  New  York  American,  June  g,  1842.  The  vice-presidents 
were  :  Henry  Yates,  Campbell  P.  White,  David  Bryson,  John  M.  Bradhurst,  Josiah  Rich,  Levi  D. 
Slamm,  George  Paulding,  A.  V.  Williams,  Hezekiah  W.  Bonnel,  Andrew  Surre,  John  L  Morgan, 
Daniel  Winship,  Daniel  Jackson,  Walter  Bowne,  Henry  J.  Anderson,  James  R.  Manley,  Wm.  O.  Shiels, 
Freeman  Campbell,  A.  G.  Crasto.  George  S.  Mann,  Rufus  Prime,  Alex.  Stewart,  Stephen  Allen,  Alex. 
F.  Vache,   Alex.  Hamilton,  and  Frederick  R.  Lee. 

''■^AVw  York  American,  June  9,  1842.  The  "corresponding  committee"  consisted  of:  Aaron 
Vanderpool,  Elijah  F.  Purdy,  Samuel  J.  Tilden,  Joseph  Hopkins,  Auguste  Devezac,  Chas.  A.  Secor, 
Ely  Moore,  Levi  D.  .Slamm,  Alex.  F.  Vache,  Nelson  J.  Waterbury,  John  H.  Bowie,  and  James  B. 
Greenman. 


TAMMANY    HALL.  171 

papers  of  the  day  placed  the  attendance  at  from  4,000  to  12,000  — 
the  estimate  varying  in  accordance  with  the  poHtical  principles  of 
the  papers/'"*^ 

Such  were  the  public  steps  taken  in  New  York  City,  between 
May  12  and  May  17,  to  show  sympathy  for  Governor  Dorr  and  the 
people's  party  in  Rhode  Island.  All  this  was  legitimate  enough  :\- 
but  behind  and  partly  concealed  were  plans  of  the  Tammany  leaders 
and  advice  and  encouragement  to  the  semi -fugitive  executive  which 
can  only  be  inferred  from  hints  and  from  later  developments.  The 
Governor  is  reported  to  have  stated  in  his  Tammany  Hall  address 
that  all  the  aid  which  his  government  desired  from  other  States 
was  assistance  to  prevent  the  government  of  the  United  States  from 
forcibly  keeping  the  charter  authorities  in  possession  of  the  State. ^'"^ 
Editor  Slamm  was  the  most  energetic  of  these  qiiasi  friends  of 
Dorr;  at  "The  Park"  meeting  he  made  the  significant  announce- 
ment*^'''^ that  he  had  already  chartered  a  steamboat  to  carry  1,000 
fighting  men  to  Rhode  Island  whenever  the  General  Government 
should  dare  to  attempt  to  interfere  in  that  State.  An  editorial  in 
the  New  York  Evening  Post  still  further  shows  the  position  of 
Tammany  Hall :  "  Is  the  Chief  Magistrate  aware  of  the  danger  of 
attempting  to  wield  the  military  force  of  the  federal  government  in 
a  local  controversy,  which  may  be  settled  without  it  .^  .  .  .  We  fear 
that  Mr.  Tyler  had  not  pondered  maturely,  when  he  assented  to 
the  advice  —  Mr.  Webster's,  probably  —  which  led  him  to  promise 
the  assistance  of  the  federal  troops  to  the  landholders.  .  .  .  We 
would  point  out  the  danger  —  not  the  danger  merely,  but  the  cer- 
tainty of  shameful  failure  and  defeat,  bloody  perhaps,  but  total  and 
inevitable  —  if  the  Executive  persists  in  the  design  to  uphold  the 
obsolete  charter  and  abrogated  government  of  Rhode  Island,  by 
force   of  arms."*'"* 


172  THE     DORR     WAR. 

The  position  of  Governor  Dorr  and  the  Tammany  men  is  even 
more  plainly  set  forth  in  letters  to  Governor  Cleaveland,  of  Con- 
necticut, and  Governor  Fairfield,  of  Maine,  May  13  and  May  17/^^^ 
The  latter  letter  contained  the  following  assurances  :  "  The  People 
of  Rhode  Island  are  now  threatened  with  a  military  intervention, 
unless  they  abandon  their  Constitution,  and  surrender  all  the  rights 
which  are  so  justly  estimated  by  those  who  are  worthy  to  be  the 
descendants  of  venerated  ancestors,  or  to  be  the  citizens  of  a  dem- 
ocratic Republic.  In  behalf  of  the  People,  whom  I  have  the  honor 
to  represent,  I  respectfully  request  you  to  bring  the  proceedings  at 
Washington  and  the  question  of  our  rights  to  the  attention  of  the 
Legislature  of  the  State  of  Maine,  now,  or  soon  to  be,  in  session. 
Being  unable  to  contend  singly  against  the  forces  of  the  United 
States,  we  invoke  the  aid  of  your  State  in  this  contest,  which  in- 
volves the  great  principles  of  American  Freedom,  and  the  dearest 
privileges  of  a  Sovereign   People." 

While  in  New  York,  Dorr  received  a  communication,  ^^^^  which 
must  be  quoted  in  full : 

"New  York,   May   13,   1842. 

"  To    Thomas    IV.   Dorr,    Governor  of  the   State  of  Rhode  Island : 

"Sir: — Several  military  companies  of  this  city  and  vicinity  hav- 
ing tendered  their  services  to  form  a  military  escort  to  accompany 
you  to  Providence,  we  have  the  honor  to  apprise  your  Excellency 
of  the  fact.  This  distinction  which  they  so  much  admire,  we  hope 
will  meet  with  your  cheerful  acceptance. 

"  With  sentiments  of  the  highest  respect, 

"  We  are,  very  respectfully  yours, 

"Alexander  Wing,  Jr.,  Colonel  1^  Rcj^t,  N.  Y.  A. 

"  Abraham  J.  Crasto,  Lt,  Colonel,  2;^6  Regt,  N.  Y.  S.  /." 


TAMMANY    HALL.  173 

The  next  day,  the  Governor  returned  the  following  reply : 

"New  York,   May   14,   1842. 
"  To  Colonels    Wine  and  Crasto : 

"  Gentlemf:n  : — I  return  to  you  my  most  sincere  thanks  for  the 
offer,  contained  in  your  letter  of  yesterday,  of  an  escort  of  several 
military  companies  to  accompany  me  to  the  city  of  Providence.  It 
is  impossible  to  mistake  the  spirit  in  which  this  offer  is  made.  It 
is  an  indication  of  the  fraternal  interest  with  which  you  regard  the 
present  struggle  for  their  just  rights  of  the  people  of  Rhode  Island, 
whom  I  have  the  honor  to  represent.  While  I  should  not  feel 
justified  at  the  present  moment  in  withdrawing  you  from  your 
homes  and  business,  on  the  expedition  contemplated,  allow  me  to 
say  that  the  time  may  not  be  far  distant,  when  I  may  be  obliged 
to  call  upon  you  for  your  services  in  that  cause  to  which  you 
would  so  promptly  render  the  most  efficient  aid  —  the  cause  of 
American  citizens  contending  for  their  sovereign  right  to  make 
and  maintain  a  republican  Constitution  and  opposed  by  the  hired 
soldiers  of  the  General  Government.  In  this  unequal  contest,  I 
invoke  your  aid  and  that  of  your  associates  in  arms.  We  appeal 
from  the  Government  to  the  people,  and  rely  upon  them  in  the 
last  resort  to  defend  our  rights  from  every  arbitrary  aggression. 
Be  pleased  to  make  my  cordial  acknowledgments  to  the  ofificers 
and  privates,  who  have  so  kindly  united  with  you  in  the  honor 
which  has  been  proffered  me ;  and  accept  the  regards  of  your 
friend  and  fellow- citizen, 

"  Thomas  W.  Dorr." 

A  proclamation  which  Governor  Dorr  issued  soon  after  his  re- 
turn to  Rhode  Island  merely  repeated  his  position  as  given  above  ;^^'*'^ 
after  stating  some  facts  concerning  his  trip  to  Washington,  the 
Governor  declared  that  the  President  had  intimated  "an  intention 
of  resortino-  to  the  forces  of  the   United  States  to  check  the  move- 

O 


174  THE     DORR     WAR. 

ments  of  the  people  of  this  State  in  support  of  their  republican 
constitution  recently  adopted.  From  a  decision  which  conflicts 
with  the  right  of  sovereignty  inherent  in  the  people  of  this  State, 
and  with  the  principles  which  lie  at  the  foundation  of  a  democratic 
republic,  an  appeal  has  been  taken  to  the  people  of  our  country. 
They  understand  our  cause;  they  sympathize  in  the  injuries  which 
have  been  inflicted  upon  us  ;  they  disapprove  the  course  which  the 
national  Executive  has  adopted  towards  this  State ;  and  they  as- 
sure us  of  their  disposition  and  intention  to  interpose  a  barrier 
between  the  supporters  of  the  people's  constitution  and  the  hired 
soldiery  of  the  United  States.  ...  As  your  representative,  I  have 
been  everywhere  received  with  the  utmost  kindness  and  cordiality. 
To  the  people  of  the  City  of  New  York,  who  have  extended  to  us 
the  hand  of  a  generous  fraternity,  it  is  impossible  to  overrate  our 
obligation  at  this  most  important  crisis.  It  has  become  my  duty 
to  say,  that,  as  soon  as  a  soldier  of  the  United  States  shall  be  set 
in  motion,  by  whatever  direction,  to  act  against  the  people  of  this 
State,  in  aid  of  the  charter  government,  I  shall  call  for  that  aid 
to  oppose  all  such  force,  which,  I  am  fully  authorized  to  say,  will 
be  immediately  and  most  cheerfully  tendered  to  the  services  of  the 
people  of  Rhode  Island  from  the  City  of  New  York  and  from  other 
places.  The  contest  will  then  become  national,  and  our  State  the 
battle  ground  of  American  freedom.  As  a  Rhode  Island  man,  I 
regret  that  the  constitutional  question  in  this  State  cannot  be  ad- 
justed among  our  own  citizens.  .  .  .  They  who  have  been  the  first 
to  ask  assistance  from  abroad,  can  have  no  reason  to  complain  of 
any  consequences  which  may  ensue." 

Governor   Dorr  returned    to   the    State   with    much    less   secrecy 
than  he  left  it.     In  the  interim  he  had  learned  that  amnesty  would. 


TAMMANY    HALL.  175 

in  all  probability,  be  granted  him  and  his  friends,  if  they  proceeded 
no  further  with  their  movement;  but  that,  in  case  of  necessity,  the 
national  forces  would  be  arrayed  against  him.  He  had,  however,  f-- 
been  brought  to  believe  that,  in  this  emergency,  the  citizens  of 
other  States,  especially  those  of  New  York,  would  come  to  his 
rescue.  His  mind  was  made  up,  therefore,  to  proceed  with  the 
attempt  to  obtain  control  of  the  State.  He  realized  that,  at  first, 
he  would  be  opposed  only  by  the  charter  authorities ;  he  believed 
that  the  "  majority  "  of  the  people  of  the  State  would  support  him  ; 
and  he  hoped  to  defeat  the  de  facto  government  before  it  could 
receive  outside  assistance.  If,  after  that,  the  United  States  forces 
should  be  sent  into  the  State,  he  relied  upon  the  promises  of  as- 
sistance which  had  been  so  freely  offered  him  in  New  York,  being 
assured  that  the  "people"  of  the  entire  country  were  with  him. 
How  self-deceived  he  was,  both  as  to  the  feeling  in  Rhode  Island"^ 
and  the  assistance  "  from  abroad,"  will  soon  be  seen. 

Dorr  arrived  in  Stonington,  Connecticut,  Sunday  morning.  May 
15,  where  he  found  a  small  delegation  from  Providence,  which  had 
come  down  Friday  evening  to  meet  him.  The  news  of  his  arrival 
reached  the  city,  and  at  2  o'clock,  Sunday  afternoon,  a  special  train 
was  sent  to  Stonington,  carrying  perhaps  200  men,  a  portion  of 
whom  were  armed. ^^^^  On  Monday  morning.  May  16,  at  about  10 
o'clock,  the  Stonington  train  arrived  back  in  Providence,  and  the 
People's  Governor  was  welcomed  by  a  crowd  of  perhaps  3,000  per- 
sons. ^^^  A  procession  was  formed  of  about  1,200  men;  300  of 
these  were  armed,  about  100  of  whom  belonged  to  the  militia  ;  and 
some  75  were  mounted. ^^"^^  Perhaps,  under  these  circumstances,  it 
is  not  surprising  that  no  attempt  was  made  by  the  charter  sheriff 
to  serve  the  warrant  in  his  possession. 


176  THE     DORR     WAR. 

The  procession  moved  quietly  through  the  principal  streets  of 
the  city,  escorting  the  Governor  to  the  residence  of  Burrington 
Anthony,  on  Atwell's  avenue,  which  was  to  be,  for  the  time,  his 
headquarters.  Before  dismissing  his  escort,  Dorr  seized  the  oppor- 
tunity to  appeal  to  his  followers  to  support  him  in  his  future  move- 
ments. Rising  in  his  carriage  he  made  an  address,  at  once  "well 
timed  and  eloquent  "'^'^^^  and  "furious  and  inflammatory."^^^^  He 
spoke  especially  in  reference  to  his  reception  in  New  York,  which 
had  been  highly  gratifying  to  him.  He  referred  to  the  rumor  that 
he  had  procured  the  aid  of  500  men  from  abroad,  which  he  denied. 
He  announced,  however,  that  he  had  been  promised  the  aid  of 
5,000  men,  and  that  he  could  have  them  at  an}'^  time.*^'^''  He  de- 
clared that  he  was  sure  of  aid  enough  from  New  York  to  cope 
with  any  force  which  the  United  States  might  use  against  his 
party. ^■'^'^^  The  speech  was  of  three-quarters  of  an  hour's  length, 
and  in  the  midst  of  it  the  orator  drew  his  sword,  which  he  said 
"  had  been  presented  to  him  in  New  York  by  the  brother  of  an 
officer  who  had  been  slain  in  Florida,"  and  made  some  remark 
-^  about  using  it  again.  Though  his  exact  words  might  be  useful 
in  forming  an  estimate  of  the  speaker's  character,  yet  they  are 
hard  to  ascertain,  for  the  various  reports  illustrate  how  differently 
the  same  statement  may  be  heard  by  different  people.  One  of 
the  witnesses  for  the  prosecution,  in  the  trial  of  I^orr  for  treason, 
swore  that  the  prisoner  stated  that  the  sword  had  been  "  dipped 
in  blood  once,  and  rather  than  yield  the  rights  of  the  people  of 
Rhode  Island,  it  should  be  buried  in  gore  to  its  hilt."^'^'^'  A  second 
witness  modified  the  statement  into  "  the  sword  had  been  dyed  in 
blood,"  and  that  "  he  should  use  it  again  in  the  same  way  in  de- 
fence of  the  rights  of  the  people  of  this  State." ^'^*  A  third  heard 
merely  that  the  sword  had  been  "dyed  in  blood." ^"'°'     On  the  other 


TAMMANY     HALI, 


177 


hand,  a  witness  for  the  defence  declared  that  he  was  in  the  barouche 
with  Governor  Dorr  ;  that  he  sat  within  three  feet  of  him  when 
he  spoke  ;  and  that  his  remark  about  the  sword  was  that  "  it  had 
never  been  dishonored,  and  never  should  be  while  in  his  hands." ^'^'^ 
Another  witness  stood  very  near  the  carriage,  and  swore  that  Mr. 
Dorr  added  "  that  it  had  never  been  dishonored  in  battle,  and  he 
hoped  it  never  would  be;"  that  "he  was  willing  to  die  with  that 
sword  in  his  hand,  if  need  be,  to  sustain  the  Constitution  of  the 
State."^'^^'^  The  reporter  for  the  charter  organ  saw  him  "draw  his 
sword,  brandish  and  flourish  it  around,  and  declare  his  readiness 
to  die  in  the  cause  in  which  he  had  sacrificed  everything  but  his 
]jfg_"(33)  -pi^g  suffrage  organ,  however,  heard  the  more  violent  dec- 
laration that  "  its  ensanguined  blade  should  be  again  embued  with 
blood,    should    the    people's    cause    require    it."^-^^^      It   seems  fair   to 


Dorr  flourishing  the  Syford  whicii  ht  received  ui  Veyf  York,    mxikes  great  professions  of  Miiat 
he.  yvoiUd  do 


(collection    urown    unukusitv    mbkakv.) 


23 


178  T        THE     DORR     WAR. 

^  conclude    that    the    remark  —  however    worded  —  was    of   a   kind   to 
inflame   the   passions   of   many  of  the   assembled   crowd/^^ 

The  military  remained  to  guard  the  house,  and  preparations 
were  begun  to  reestablish  the  people's  government.  The  suffrage 
organ  had  published  that  morning  the  proclamation  of  Governor 
Dorr,  already  quoted.  The  day  following  —  May  17  —  was  full  of 
suspense  and  dread.  For  several  days  the  people  of  Providence 
had  been  disturbed  in  their  business ;  many  stores  were  closed  ; 
shops  were  without  operatives  ;  the  streets  were  filled  with  groups 
of  people  feverishly  discussing  the  latest  news.  Some  crisis  was 
surely  approaching,  but  no  one  knew  what  form  it  would  take. 
Governor  King  might  succeed  in  obtaining  the  arrest  of  his  rival 
on  the  warrant  which  had  been  prepared  but  not  served;  Governor 
Dorr  might  be  able  to  obtain  possession  of  the  government  by 
some  bold  stroke.  No  one  could  tell  what  companies  of  the  State 
militia  would  support  the  charter  and  what  the  people's  govern- 
ment. A  few  only  had  declared  themselves  on  either  side.  Gov- 
ernor Dorr,  in  his  proclamation,  had  called  upon  the  militia  to 
elect   officers,   and    upon   volunteers   to   organize. 

-^  The  charter  government  was  not  at  all  decided  concerning  the 
steps  which  it  ought  to  take.  Some  members  were  anxious  for 
the  immediate  summons  of  a  convention  ;  others  did  not  wish  to 
do  anything  under  threats.  All  granted  that  concessions  must 
be  made,  but  different  opinions  were  held  as  to  the  proper  time. 
Until   the'  actual   return   of   Governor   Dorr,   hopes   had   been  enter- 


<"  As  an  indication  of  the  general  plan  pursued  by  the  charter  people  to  deride  Governor  Dorr 
and  the  people's  party,  the  following  is  significant  :  "  Mr.  Dorr  made  a  great  flourish,  last  Monday, 
about  his  sword,  which  he  drew  and  brandished  in  a  most  fearful  manner,  and  told  a  great  story 
about  its  having  belonged  to  an  officer  who  fell  fighting  for  his  country.  This  sword  belonged  to 
a  Lieutenant  named  Reill,  who  died  of  dysentery  on  the  passage  from  .St.  .Marks  to  Providence, 
and  all  the  blood  that  was  ever  upon  it  would  not  wet  the  point."  Providence  Journal,  May  l8, 
1842. 


TAMMANY     HALL.  1  70 

tained  that  he  might  permit  his  own  arrest;  then  a  general  amnesty 
and  a  new  convention  would  easily  follow/'^-''  But  the  resolutions 
of  May  1  2,  followed  by  the  report  of  the  proceedings  in  New  York 
City  and  by  the  Governor's  proclamation,  showed  that  this  could 
not  be  easily  accomplished.  President  Tyler  earnestly  desired  a 
peaceful  settlement  of  the  trouble,  but  saw  clearly  the  difficulties. 
After  receiving  a  copy  of  the  proclamation,  he  wrote:  "Mr.  Dorr's 
recent  proceedings  have  been  of  so  extravagant  a  character  as  almost 
to  extinguish  the  last  hope  of  a  peaceable  result ;  and  yet  I  cannot 
but  believe  that  much  is  meant  for  effect  and  for  purposes  of  intim- 
idation merely.  I  certainly  hope  that  such  may  be  the  case,  though 
the  recent  proceedings  in  New  York  may  have  excited  new  feelings 
and  new  desires." ^'^'^^  The  charter  government,  divided  in  opinion, 
accomplished  nothing.  They  made  no  attempt  to  arrest  Governor 
Dorr,  either  on  the  i6th  or  the  i/th.  Apparently  they  did  not 
expect  any  immediate  movement  on  his  part,  and  were  accordingly 
caught  napping  when  he  made  his  next  strike. 


AUTHORITIF.S.  — 1  Proviiiciicc'  Exprt-ss,  May  13,  1842.  2  Providciicc  Journal,  May  13.  1S42. 
3  Profideiice  Express.  May  25,  1S42;  Pro^ndi-iicc  Jot(riial,  May  26,  1S42;  Republican  Herald. 
May  28,  1842.  \  Burkes  Report,  S76  ;  Trial  of  Dorr:  Testimony  of  I'earce.  .">  Xero  York 
Courier  and  Enquirer  ;  copied  by  National  Intelli}:;encer,  NLay  24,  1842  fcurnal  oj  Connneree  ; 
copied  by  Ne70  York  Observer,  June  4,  1842.  (J  Av?.'  }'ork  E7'enin:^  J'ost,  April  16,  1S42.  7  AVr.' 
York  Evening  Post,  April  28,  1842;  AVTi'  York  Aineriean,  May  4,  1842.  S  Xe-o  ]'ork  Ei'ening 
Post,  May  13,  1842.  9  Xew  York  Aineriean,  May  16,  1S42.  10  .Ve'c  )'ork  Courier  and  En- 
quirer. May  13,  1842.  11  xVeia  York  Evening  Post,  .\Lay  i6,  1842.  12  Xew  York  Aineriean. 
May  16,  1842;  quoted  by  the  A'ational  Intelligencer.  May  17.  1842.  13  Xexo  York  Observer,  NLiy 
21,  1842.  14  The  AVti^  York  American.  May  18,  1842,  states  the  number  as  4.000  or  5,000.  The 
Ne'iO  York  Evening  Post,  May  18,  1842,  states  that  a  Whig-  paper  placed  it  at  5.000  or  6,000.  and  a 
Democratic  paper  at  12,000.  1.")  Xational  Jntelligencer.  .May  17.  1842.  1(»  AVr.'  York  Courier 
and  Enquirer,  May  18,  1S42.  17  Xe'v  York  Ez'cning  Post,  .NLay  14,  1S42.  IS  Xew  York  Ob- 
server. June  4,  1842.  ly  Providence  Journal,  May  19,  1S42.  20  Proxndence  Express.  May  16, 
1842;  Burkes  Report,  679-680.  21  Providence  Journal,  May  16,  1842.  22  Providence  F.xpress. 
May  17,  1842.  23  Providence  Joiimal.  May  17,  1S42  ;  Providence  Express,  May  17,  1S42. 
24  Providence  Express,  May  17,  1S42.  2.>  Proz'idenee  Journal,  May  17,  1S42.  2(J  Pitman^ 
Trial  of  Dorr,  26-27:  Testimony  of  Wm.  P.  15Iodget.  27  Turner.  Trial  of  Dorr,  35  ;  'Pestimony 
of  Sam.  H.  Wales.        28  Pitman,  Trial  of  Dorr.  26-27  :   Testimony  of  Wni.  P.  Plodget.        29  Burke's 


180 


THE     DORR     WAR. 


Report:  Trial  of  Dorr,  878:  Testimony  of  Edward  H.  Hazard.  30  fiitrke's  Report:  Trial  of 
Dorr,  879  :  Testimony  of  Orson  Moffit.  31  Pitman,  'Trial  of  Dorr,  72  :  Testimony  of  Benj.  M. 
Darling.  32  Turner,  Trial  of  Dorr ,  2,^  :  Testimony  of  Sam.  II  Wales.  33  Trovidoice  foiirnal. 
May  17,  1842.  3-4  Providence  Express,  May  17,  1842.  35  Burke's  Report.  677:  Letter  of  E.  R. 
Potter  to  the  President,  May  15,  1842.  36  Burke's  Report,  678:  Letter  of  President  Tyler  to  Mr. 
Potter,  May  20,  1842. 


THOMPSON 


MASSACHUSETTS. 


FOSTER. 

clayvilleU 


MAP  OF  PROV.  COUWTY. 

CONTEMPORARY    NEWSPAPER    MAP. 

(COLr.KCTION     KIIODK     ISLAND     IIISTOKICSL     SOCIUTV.) 


CHAPTER    XV. 


THE    ARSENAL. 

WHILE  the  charter  authorities  were  waiting  and  doing 
nothing,  the  People's  Governor  was  not  spending  the  day 
in  inaction.  Within  thirty- six  hours  after  his  arrival  in 
Providence,  he  had  made  sufficient  preparation,  as  he  thought,  to 
warrant  him  in  beginning  his  attack  on  the  dc  facto  government. 
Most  of  the  time  was  spent  in  quiet  movements  that  did  not  reach 
the  ears  of  Governor  King  or  his  subordinates.  The  first  public 
act  occurred  near  the  close  of  the  afternoon  of  Tuesday,  May  17, 
and  clearly  foreshadowed  his  course.  A  portion  of  the  militia  and 
other  armed  men  that  had  remained  to  guard  Governor  Dorr's 
headquarters  were  sent  to  the  "  Town  House  Lot,"  with  directions 
to  take  the  field  pieces  in  the  possession  of  the  artillery  com- 
pany/'^ Although  the  demand  for  the  surrender  of  the  guns  was 
not  complied  with,  no  resistance  was  offered,  and  two  pieces  were 
seized/'^^  The  movement  was  made  so  hurriedly  that  balls  and 
shot  were   forgotten ;    and    the    authorities    recovered    their    wits    in 


C'  These  guns  did  not  belong  to  the  State.  They  had  been  taken  at  the  surrender  of  Burgoyne 
and  had  been  sent  to  the  artillery  company  by  Washington,  to  replace  some  that  had  been  borrowed 
from  them  and  lost.     Turner,    Trial  of  Don-,   36  :  testimony  of  Capt.  Josiah  Reed. 


182  THE     DORR    WAR. 

time  to  remove  these  useful  munitions  to  a  place  of  safety  before 
the  company  returned  after  them.  These  guns,  together  with  four 
or  five  others,  were  placed  in  front  of  Anthony's  house,  and  pointed 
directly  down  the  steep  hill  toward  the  center  of  the  city.^^^ 

This  bold  stroke  seemed  to  awaken  the  charter  government,  for 
the  time  being.  The  militia  of  Providence  was  called  upon  to  be 
in  readiness,  and  the  companies  outside  the  city  were  ordered  to 
report  in  the  city,  armed  and  equipped  for  service.  ^^^  Early  in  the 
evening,  guns  and  ammunition  were  given  to  citizens,  by  ofBcial 
orders,  and  a  steamboat  was  sent  down  the  bay  to  be  ready  to 
bring  up  companies  of  militia.  At  Governor  Dorr's  headquarters 
all  was  activity :  a  council  of  war  was  held  early  in  the  evening, 
but  many  of  his  friends,  including  several  of  his  immediate  relatives 
and  members  of  the  people's  legislature,  attempted  to  persuade  the 
Governor  that  his  designs  could  never  be  accomplished  and  to  pre- 
^  vail  upon  him  to  refrain  from  a  useless  shedding  of  blood.  Some 
of  his  chief  counsellors  agreed  that  the  employment  of  force  was 
inadvisable,  but  nothing  that  could  be  said  influenced  him.  After 
these  friendly  advisers  had  retired,  he  presented  to  the  few  faithful 
followers  plans,  which,  it  was  said,  were  first  to  seize  the  arsenal, 
and  then  to  establish  barracks  in  the  college.  He  considered  that, 
when  he  had  effected  so  much,  he  would  be  strong  enough  to  seize 
the  cadet  and  infantry  armories,  and  the  market  house. *^''^  Whether 
he  made  these  propositions  or  not,   it  is  certain   that  he  attempted 


('^^)  Providence  Journal,  May  i8,  1842. 

"  Orders  No.    5. 
"Adjutant-General's  Office,   Providence,  May  17,   1842. 
"  Sir  :  — V'ou  are  hereby  ordered  to  report  yourself,  with  the  men  under  your  command,  armed  and 
equipped  for  service,  forthwith,  to  this  department,  for  further  orders.      By  order  of  his  Excellency, 

"  SAM.  W.  KING,    Governor  and  Commander-in-Chief. 
"  E.  Dyer,  Jr.,   Adjutant-General  of  Rhode  Island" 


THE     ARSENAL.  183 


TO  THE  CITIZENS 

OF  PROYIDEN€C21!! 

You  are  reaested  FORTHWITH 
to  repair  to  the 

and  TAKE  ARMS. 

SAiHUELi  W.  KING. 

Governor  of  llie  State  of  Rhode  Island. 
Providence^    Ulay  17,  1842,6  o'clock  P,  M. 

WALL    PLACARD    USED    TO    XOTIFY    CITIZENS. 

(collection    khodk    island    histokical   society.) 


184  THE     DORR     WAR. 

to  carry  out  the  first  of  them  ;  failing  in  this,  the  whole  campaign 
was  lost. 

About  midnight  a  force  arrived  from  Woonsocket,  and  joined 
the  guard  around  the  headquarters.^-"''  Orders  were  issued  for  an 
attack  upon  the  arsenal,  and  at  midnight  a  gun  was  fired  as  a 
signal.  Before  two  o'clock  the  little  army,  accompanied  by  Dorr 
himself,  set  out  for  the  arsenal.^'''  The  city  bells  rang  in  an  alarm, 
and  militia  and  citizens  began  to  fill  the  streets.  The  charter 
government  was  unprepared,  and  was,  at  this  moment,  practically 
leaderless.  No  one  knew  where  the  enemy  were.  The  night  was 
dark,  and  a  dense  fog  had  set  in.  Each  citizen  felt  that  his  near- 
est companion  might  be  an  enemy. 

By  instinct,  almost,  the  throng  pushed  for  the  arsenal,  a  stone 
building,  situated  on  Cranston  street,  next  to  the  Dexter  Training 
Ground.  The  buildinsf  and  the  State  armament  were  in  the  charge 
of  Quartermaster- General  Samuel  Ames,  a  near  relative  of  Gov- 
ernor Dorr.  Colonel  Leonard  Blodget  was  commandant  of  the 
arsenal,  and  under  him,  that  night,  was  a  guard  of  about  200  men, 
many  of  them  volunteers.^''  Preparation  had  here  been  made  to 
resist  an  attack,  and,  when  the  enemy  approached,  Blodget  was  in 
charge  of  the  upper  story,  and  Ames  had  posted  himself  below, 
with  the  regular  arsenal  guard.  ^^' 

The  Governor's  party  proceeded  out  Atwell's  avenue,  through 
Love's  lane,  or  Knight  street,  and  approached  the  arsenal  on  the 
northeast  side.  Their  number  has  been  variously  estimated :  the 
testimony  of  Colonel  Carter,  that  he  counted  them  before  they 
started  and  found  234  in  all,  may  be  accepted  as  fairly  correct. ^^' 
At  first  they  took  position  in  a  grove,  but  soon  they  approached 
within  short  range,  halted,  and  adjusted  their  field  pieces.'"^'  A 
flag  of  truce  was  sent  to  the  arsenal,  and  demand  was  made  for  its 


THE     ARSENAL. 


185 


».W*«^»,  *!«»• 


Tht  attempt  en  the  Arsenal  on  the  niglit  <^ May  17'^ 


TFpper  room  of  the  Arsenal,  on  the  night  of  the  17^  of  May. 

(collection   brown   university  library.) 


186  THE     DORR     WAR. 

surrender.  Colonel  Blodget  asked,  "In  whose  name?"  On  re- 
ceiving the  reply,  "  On  the  part  of  Colonel  Wheeler,  and  in  the 
name  of  Governor  Dorr,"  the  commandant  retorted  that  he  knew 
no  Colonel  Wheeler  nor  Governor  Dorr.*^^^ 

During  the  march  from  the  headquarters  to  the  arsenal,  the 
small  army  had  lost  several  of  its  soldiers  and  received  no  re- 
cruits. Colonel  Wheeler  vanished  on  receiving  the  reply  of  Col- 
onel Blodget,  and  Dorr  placed  the  cannons  in  charge  of  Colonel 
Carter.  A  peaceful  surrender  having  been  refused,  Dorr  ordered 
^  <:l^that  the  cannon  be  fired.  The  audacity  of  this  order  is  almost 
,'^  inexplicable.      In   a  dense  fog,   with    less    than    200   men,   with   two 

cannon,  almost  without  ammunition,  the  order  is  given  to  fire  upon 
a  building,  built  of  stone,  stocked  with  guns,  powder,  and  ball,  and 
fully  guarded.  If  a  gun  had  been  fired,  the  cannons  in  the  arsenal 
might  have  ploughed  down  the  unprotected  attacking  force.  But 
the  guns  flashed  twice  without  result :  they  were  either  plugged, 
or  the  touch -holes  filled  with  wet  or  dissolved  powder.^*'*  A  report 
was  circulated  the  next  day,  on  the  authority  of  Orsen  Moffitt,  that 
Dorr  himself,  after  the  first  failure,  was  seen  vainly  to  "apply  the 
torch  to  the  cannon."  ^'^*  We  have,  however,  the  direct  testimony 
of  Colonel  Carter  that  he  did  not;*^^^^  and  of  four  other  persons 
who  stated  that  they  did  not  see  Dorr  with  a  torch,  and  that  they 
did  not  think  that  he  himself  touched  a  gun.^**^  In  a  dark  night, 
and   in   dense   fog,   the   testimony  of  one   man   is   hardly   enough    to 


''■'Colonel  Carter's  testimony  (Turner,  Trial  of  Dorr,  32"),  that,  when  the  guns  were  bored  out, 
the  following  morning,  the  openings  were  filled  with  dissolved  powder,  which  had  hardened  and  become 
solid,  is  probably  a  true  statement  of  the  cause  of  the  failure  of  the  guns.  Hiram  Chappell's  testimony 
(Pitman.  Trial  of  Dorr,  37),  that  he  plugged  the  cannon,  is  fully  offset  by  that  of  John  S.  Dispeau 
(Pitman,  Trial  of  Dorr.  4S),  that  Chappell  confessed  to  him,  while  they  were  in  jail  together,  that  he 
had  made  up  the  story  in  order  to  obtain   his  discharge. 

"''These  were  Laban  Wade,  W.  H.  Potter,  Horace  \.  Pierce,  and  Henry  A.  Kimball.  Pitman, 
Trial  of  Dorr,   55,    75.      Turner,    Trial  of  Dorr,    iS,   20. 


THE     ARSENAL. 


187 


The  above  map  represents  the  ground  upon  which  the  prinai^J  ev^ateof  the  17th  and  18th  trans- 
pired The  house  of  Burnngton  Anthony,  where  JDarr'sieadquartere  were  established,  is  situated  on 
a  hill  76  feet  above  high-water  raark.  The  hi/l  rises  from  the  foot  of  Atwell's  Avenue,  where  it  joins 
Aborn  street ,  Anthony's  house  is  on  the  level  just  upon  the  top  of  it.  The  ascent  is  sleep.  The  dots 
in  front  of  the  house  mark  the  first  position  of  the  insurgents'  guns.  The  four  dots  below,  towards 
Abom  Btreet,  nmrk  the  spot  where  the  column  halted,  under  the  brow  of  the  hill,  to  unliraber  the 
guns.     The  dot  on  Atwell's  Avenue,  near  Love  Lane,  marks  the  spot  to  which  one  of  the  insurgents' 

Kns  was  removed,  under  cover  of  which  the  others  were  carried  out  upou  the  plain  to  the  north,  near 
■an  atreet ;  their  position  is  marked  on  the  map  by  two  dots.  The  guns  of  the  Bristol  Artillery  and 
Moriac  Artillery  were  then  carried  near  the  junction  of  Dean  street  and  Atwell's  Avenue,  and  those 
of  the  Newport  Artillery  were  placed  upon  the  plain  on  the  other  side  of  Dean  street,  so  as  to  com- 
mand the  flank  of  the  insurgents'  guns.  At  the  same  time,  the  Mannt;  Artillery  were  ordered  to  march 
np  Atwell  s  Avonue,  and  the  Bristol  Artillery,  supported  by  the  Warren  Artillery,  to  match  up  Dean 
ioirr.>»  While  ihoy  wt  ro  executing  this  order,  the  insurgents  agreed  to  the  surrender  of  the  guns,  as 
iJ'tail^d  t>elou 


(COLLECTION     RHODE     ISLAND     HISTORICAL    SOCIETY.) 


188  THE     DORR    WAR. 

counterbalance  the  opposing  witnesses,  though  it  would  not  have 
been  inconsistent  with  the  Governor's  character  to  have  attempted 
to  fire :  the  essential  is  that  he  gave  the  order  to  fire ;  he  was  near 
the  cannon  ;  his  courage  or  foolhardiness  was  displayed,  whether  he 
personally  used  the  torch  or  not. 

The  attack  upon  the  arsenal  was  a  failure  ;  that  it  was  a  blood- 
less failure  was  due  only  to  the  condition  of  the  cannon :  the  sound 
of  the  first  gun  would  have  caused  blind  attack  and  counter  attack, 
and  great  loss  of  life  might  easily  have  followed.  The  honest  peo- 
ple of  Rhode  Island  must  have  heard  with  thankful  hearts  of  the 
"flashes  in  the  pan." 
/  Desertions  continued,  and  when  daylight  approached  not  more 
than  fifty  men  were  left  on  the  field. '^*^  Dorr  himself  vainly  strove 
to  keep  some  kind  of  order  among  his  forces,  but  succeeded  only 
in  bringing  his  cannon  from  the  field. ^'^'  Soon  after  daylight, 
about  fifty  men,  under  the  lead  of  the  Governor,  returned  to  the 
headquarters;  where,  in  front  of  Anthony's  house,  they  again  placed 
the  guns,  commanding  the  hill  down  Atwell's  avenue,  and  prepared 
them  for  use.  Signals  were  given  for  the  troops  to  collect,  but 
the  number  of  armed  men  diminished  rather  than  increased. '^^* 

About  eight  o'clock  a  letter  was  handed  Governor  Dorr,  inform- 
ing him  that  all  the  officers  of  his  government,  living  in  Providence, 
had  resigned.*''^  His  friends,  who  were  at  the  headquarters,  advised 
him  to  leave  at  once,  and  to  return  when  a  fitting  opportunity 
occurred.  "^^'  Dorr  followed  the  advice,  though  he  afterwards  said 
that  he  strongly  regretted  the  action,  ^'^'  and  before  nine  o'clock  was 
rapidly  driving  towards  Woonsocket.  *'^^     Soon  after  his  flight,  Gov- 

(•■^  The  facts  hardly  warranted  this  statement  in  the  letter.  Two  Senators  and  nine  Representatives 
had  resigned,  the  entire  Assembly  delegation  from  the  city,  except  those  who  had  previously  resigned  ; 
but  none  of  the  officers  of  the  people's  government  resigned  at  this  time. 


gjn-l  I         II pjpflJjIiMMWI W'^  •" 


DORR'S    HEADQUARTERS— BURRINGTON    ANTHONY    HOUSE. 


THE     ARSENAL.  189 

ernor  King  and  Sheriff  Potter  arrived  at  Anthony's,  demanded 
Thomas  W.  Dorr,  and  made  a  thorough  search  of  the  house.  ^''■^^ 
Meanwhile  a  portion  of  the  charter  miHtia  attempted  to  follow  the 
fugitive,  but  were  misled  and  soon  gave  up  the  pursuit.  Another 
portion  marched  in  the  direction  of  Dorr's  headquarters,  but  were 
stopped  on  Atwell's  avenue  by  the  cannon.  The  Newport  Artil- 
lery had  begun  preparations  to  clear  the  hill,  when  the  Dorr  cannon 
were  withdrawn,  attended  by  about  thirty  men,'"*"  who  took  up  a 
position  on  the  summit  of  the  hill  north  of  Atwell's  avenue  and 
overlooking  the  cove.*^'^  Under  the  orders  of  "General"  DeWolf ''-^^^ 
a  slight  intrenchment  was  thrown  up  and  signal  guns  were  fired, 
without  success,  to  attract  the  adherents  of  the  people's  government 
to  the  hill.'^^^  Early  in  the  afternoon  they  sent  a  proposition  to 
surrender  the  guns,  but  coupled  with  a  request  that  the  Newport 
Artillery  should  be  withdrawn.  Trusting  to  their  word,  the  charter 
authorities  withdrew  the  artillery;  but  the  few  desperadoes  failed  to 
keep  the  promise,  and  more  firmly  entrenched  themselves  upon  the 
brow  of  the  hill.  They  were  so  situated,  however,  that  they  were 
unable  to  do  any  injury,  and  by  Thursday  morning  the  guns  had 
been  abandoned,  ^'^'  and  were  shortly  after  returned  to  the  arsenal. 
The  war,  for  the  present,  was  over. 

The  charter  militia  had  been  kept  under  arms  during  the  entire 
day  (Wednesday,  May  i8),  and  business  was  at  a  standstill.  Stores 
were  closed,  and  numbers  of  citizens  enrolled  themselves  as  volun- 
teers. ^^^      The   greatest  excitement  pervaded   every  part  of   the  city. 


("  Providence  Journal,    May    ig,    1842.       The    following    proclamation    was    issued    early    in    the 
morning  : 

"  City  of  Providence,  Mayor's  Office,  May  18,  1842, 

"  All  citizens  friendly  to  maintaining  the  peace  and  good  order  of  the  city  are  urged  to  lay  aside 

their  business  for  this  day  and  assemble  at  7  "^  o'clock   A.  M.,  with  arms,  at  the  Cadet  Alarm   Post. 

If  any  have  not  arms,  they  will  be  provided. 

"TMOS.  M.  BURCiESS,  Mayor." 


190  THE     DORR     WAR. 

and  a  general  and  intense  alarm  existed.  "  A  speedy  and  most 
sanguinary  conflict  seemed  inevitable ;  and  the  public  mind,  which 
on  the  day  previous  had  been  tossed  to  and  fro  by  every  idle 
rumor,  now  dwelt  with  the  most  intense  and  painful  anxiety  upon 
one  dread  object,  a  civil  war."^'^^'  That  such  a  conflict  did  not 
occur  may  be  due  to  the  early  report  that  Governor  Dorr  had 
fled,  to  the  resignation  of  the  people's  government  oflficials,  and 
to  the  rumor  of  a  compromise  which  was  industriously  circulated 
and  which  was  publicly  announced  from  the  people's  headquarters. 
The  resignation  was  prepared  by  John  A.  Howland,  and  hand- 
bills were  printed,  by  his  order,  early  in  the  morning  after  the 
1,  attack  on  the  arsenal.  Eleven  members  of  the  People's  Assembly 
from  Providence  protested  against  the  position  of  the  President  in 
interfering  "between  the  old  and  the  new  government  of  the  State 
as  being  against  the  fundamental  rights  of  the  people,"  but  they 
declared  that  they  could  not  carry  on  a  contest  with  the  general 
government ;  and,  therefore,  they  declined  to  act  further,  and  re- 
signed. They  added  that  they  could  not  countenance  and  had  not 
countenanced,  "  in  any  manner,  the  late  movement  of  the  Governor 
elected  under  the  People's  Constitution,  but  in  every  way  had  en- 
deavored to  counteract  and  prevent  so  deplorable  an  act  and  one 
so  destructive  to  the  cause "  in  which  they  were  engaged.  The 
names  appended  were  those  of  the  two  Senators  and  nine  Repre- 
sentatives from  Providence. ^■-'•'^  It  is  true  that  some  of  these  names 
were  appended  by  friends,  but  they  were  afterwards  approved  by 
the  men  themselves.  ^*''^  Within  a  few  days,  at  least  seven  other 
resignations  appeared  in  the  public  prints. 


''">'>  Providence  Journal,  May  20,  21,  and  23,  1842.  Senator  Hezckiah  Willard  wrote  a  letter, 
giving  his  "unqualified  sanction;"  and  Representative  Benjamin  Arnold,  though  in  New  York,  ap- 
proved the  signing  of  his  name. 


r.  yy  Btutf  l^th' 


First  section  rf  Cadets  tn  pursuit  of  Dorr. 


(  Cdl.I.KCTION    OF    SA.MIEI.    \V.    I'.RIIWN.) 


THE     ARSENAL.  191 

J^The  rumor  of  a  compromise  held  the  attention  of  the  public 
for  many  days.  Its  first  appearance  followed  soon  after  the  report 
that  Dorr  had  fled,  and  therefore  gained  the  more  credence.  That 
the  Governor  would  again  abandon  the  cause,  so  soon  after  his 
return,  seemed  inexplicable  unless  on  the  theory  that  he  had  agreed 
to  an  armistice  until  the  proposed  compromise  could  be  concluded. 
Though  no  one  was  able  to  give  the  nature  or  the  terms  of  the 
compromise,  yet  the  belief  that  one  was  pending  which  would  be 
"honorable  to  both  parties"  was  strong  enough  to  quiet  the  city.'^^ 
Interest  in  the  matter  was  kept  up  by  daily  references  in  the  suf- 
frage organ.  No  one,  however,  knew  whether  the  arrangement  was 
temporary  or  permanent;  whether  Dorr  had  actually  abdicated  or 
not,  when  he  retired  from  the  city ;  nor  whether  the  resignations 
of  the  Providence  members  of  the  Assembly  were  final,  or  depend- 
ing upon  some  action  of  the  charter  government. ^'^^^  On  Saturday 
the  suffrage  organ  contained  another  long  editorial  on  the  rumored 
compromise,  "  so  generally  admitted  as  correct,"  but  acknowledged 
that  it  had  been  able  to  ascertain  only  that  Burrington  Anthony 
was  primarily  responsible  for  the  rumor,  and  that  he  had  promised, 
early  Wednesday  morning,  that  it  would  be  ratified  in  the  course 
of  the  day  and  would  be  published  the  next  morning.  He  also 
declared  that  no  further  arrests  would  be  made,  and  directed  the 
adherents  of  the  people's  government  peaceably  to  return  to  their 
homes. *^^^  On  the  other  hand,  the  charter  organ,  on  Monday,  de- 
clared :  "  This  story  (of  the  compromise)  the  Express  knows  to  be 
wholly  and  utterly  false  and  without  the  slightest  foundation  or 
pretense   whatever." '^"^^ 

A  few  days  later  letters  appeared  in  the  Providence  newspapers 
from  Burrington  Anthony,  John  S.  Harris,  and  John  Whipple,  giv- 
ing the  following  facts  with   regard  to  the  so-called  compromise. ^^'^ 


192  THE     DORR     WAR. 

When  Anthony  reached  Providence,  on  his  return  from  Washington, 
he  brought  a  letter  from  Secretary  Webster  to  John  Whipple,  urg- 
ing concessions  to  the  people's  party,  provided  that  their  government 
should  be  abandoned/^^^  Not  finding  Whipple  in  Providence,  An- 
thony immediately  returned  to  New  York,  and  together  with  Harris 
and  Pearce  held  a  conference  with  Whipple.  A  proposition  was 
made  that  a  case  be  prepared  for  the  Supreme  Court  of  the  United 
States;  its  decision  would  settle  the  controversy;  meanwhile  the 
people's  government  would  remain  quiescent.  Another  proposition 
was  suggested — that  both  legislatures  should  pass  identical  bills  call- 
ing a  new  convention.  Whipple  declined  to  carry  either  proposition 
to  Governor  King.  He  finally  ag?-eed  to  advise  his  government  to 
cease  further  prosecutions  while  the  people's  government  remained 
inactive.  This,  Whipple  declared,  was  "no  compromise."  Whipple 
met  Anthony  on  the  street,  in  Providence,  on  Monday  (May  i6), 
and  told  him  that  he  did  not  believe  that  King  and  his  council 
would  accept  the  proposition  when  they  met  on  Wednesday.  In 
the  morning,  after  the  return  of  Dorr  from  the  arsenal,  Harris 
met  Samuel  H.  Wales,  who  reported  that  King  had  said  that  if 
Dorr  should  leave  the  city  the  business  might  be  arranged.  There- 
upon Wales  and  others  wrote  advising  Dorr  to  retire,  but  he  had 
already  gone.  Anthony  and  Harris  addressed  the  crowd  from  the 
window,  announcing  a  compromise,  but  were  met  with  demands 
for  King.  Harris  and  Wales  went  to  see  the  Charter  Governor, 
and  were  told  that  they  might  assure  the  people  that  "  he  would 
do  all  in  his  power  to  have  the  differences  settled  satisfactorily  to 
both  parties." 

.\  The  alleged  "  compromise  "  had  no  stronger  foundation  than 
the  conversations  just  detailed,  and  it  is  evident  from  them  that 
Dorr  did  not  leave  the  city  to  carry  out  any  arrangements,  especially 


tup:    arsenal,  193 

as  he  declared,  in  a  public  letter,  that  he  had  repeatedly  refused  to 
agree  to  any  compromise  which  should  involve  the  surrender  of 
the  constitution.  Neither  Anthony  nor  Harris  had  any  oflRcial 
authority  to  announce  a  compromise,  nor  had  they  any  reason  for 
considering  that  any  proposition  which  they  had  made  would  be 
accepted  by  the  charter  government.  Dorr  expressly  repudiated 
every  action  taken  by  Anthony,  after  his  return  to  Providence;  and 
all  knew  that  Whipple  had  no  ofiRcial  position  and  could  only 
advise  King  and  his  council.  True,  the  charter  government  had 
shown  confidence  in  Whipple,  entrusting  to  him  the  embassy  to 
the  President,  and  his  recent  return  from  Washington,  as  well  as 
the  favor  of  the  letter  from  Webster,  would  seem  to  indicate  that 
his  advice  would  probably  be  followed.  The  only  basis  of  the 
compromise  seemed  to  lie  in  the  desire  of  all  parties,  on  the  fate- 
ful morning,  to  go  to  any  lengths  in  order  to  prevent  further 
trouble.  ^^^3^ 

The  farcical  failure  at  the  arsenal,  the  resignations  of  members 
of  the  legislature,  and  their  repudiation  of  the  military  movements, 
together  with  the  flight  of  the  Governor,  would  seem  to  have  freed 
the  charter  government  from  any  accusation  of  acting  under  threats. 
No  opposition  to  the  dc  facto  authorities  apparently  remained,  and 
the  way  was  open  for  a  new  convention  which  would  furnish  "a 
liberal  extension  of  the  suffrage."  Even  the  charter  organ  declared: 
"We  take  the  earliest  opportunity,  after  the  establishment  of  law 
and  the  manifestation  of  the  determination  of  the  people  to  stand 
by  the  government,  to  record  our  opinion  that  such  an  extension 
should  be  made."^^^' 

The  collapse  of   the  military  movement  had  its  legitimate  effect  * 
in   New  York  City  also.      Daily  editorials  had  appeared  in  the  Nciu 
York   New   Era   after   the   departure   of   Governor    Dorr  for   Rhode 

85 


194  THE     DORR     WAR. 

Island,  and  Editor  Slamm  did  not  hesitate  to  avow  that  all  that 
had  been  asked  and  all  that  was  contemplated  in  New  York  was 
to  raise  men  enough  to  resist  the  United  States  soldiers. '^^^  These 
editorials,  together  with  the  reports  of  the  Park  Meeting  and  the 
publication  of  the  correspondence  between  Colonels  Wing  and 
Crasto  and  Governor  Dorr,  created  great  excitement  in  New  York, 
and  even  led  the  T7nbinic  to  say:  "  We  fear  the  firebrands  thrown 
into  Rhode  Island  b}^  reckless  demagogues  in  this  city,  to  subserve 
their  own  personal  ends,  will  have  caused  a  general  conflagration 
within  forty-eight  hours  hence." 

The  agitation  continued  until  the  news  from  Rhode  Island  sud- 
denly brought  it,  outwardly,  at  least,  to  an  end.  Friday  (May  20), 
an  oflficial  bulletin  from  Tammany  Hall  appeared  in  the  Nciu  Eim, 
entitled,  "Enrollment  of  Volunteers." '^^''^  After  sundry  whereases, 
including  one  that  expressed  the  fear  that  the  President  would 
send  "  mercenary  soldiers "  into  the  "  territory  of  our  sister  State 
of  Rhode  Island,"  it  was  declared  that  the  undersigned,  "  appealing 
to  Divine  Providence  for  the  purity  of  our  motives,  do  pledge  our 
'sacred  honor'  to  hold  ourselves  in  readiness,  to  be  organized  into 
companies  of  '  Patriotic  Volunteers,'  under  such  ofificers  as  shall  by 
ourselves  be  elected,  and  upon  the  requisition  of  Governor  Dorr, 
to  march  at  the  shortest  notice  to  the  aid  of  our  Republican 
brethren  of  Rhode  Island,  in  the  event  that  any  armed  interference 
be  made  by  the  Federal  Government  to  the  jeopardy  of  their  inalien- 
able and  indefeasible  rights."  Scarcely  had  the  bulletin  appeared 
when  the  story  of  Wednesday's  doings  in  Providence  showed  that, 
for  the  present,  at  least,  the  national  government  would  not  need 
to  send  troops  to  that  city.  "'^ 

''"  "  Jii<l;ring  from  their  looks,  never  did  a  set  of  people  feel  before  (jiiite  so  foolish  and  forlorn,  as 
did  tile  leaders  of  the   Park   Meeting  of  insurgent  sympathizers  on  the  receipt  of  the  news  from  Rhode 


THE     ARSKNAL.  lOo 

The  national  Senate  felt  the  effect  of  the  chancre  in  the  situa- 
tion in  Rhode  Island.  Up  to  this  time,  the  friends  of  the  Presi- 
dent and  of  the  charter  government  in  the  Senate  had  been  satisfied 
merely  to  oppose  the  resolutions  of  Senator  Allen  and  his  associates. 
On  May  13,  Senator  Buchanan  presented  the  jjroceedings  at  a  meet- 
ing of  citizens  held  in  Philadeli)hia,  on  the  subject  of  the  formation 
of  a  new  constitution  by  the  people  of  the  State  of  Rhode  Island, 
which  were  laid  on  the  table. '•''^  May  17,  Senator  Allen  moved 
to  take  up  the  resolutions  which  he  had  })resented  a  month  before, 
but  was  defeated,  15  to  23. ^•^'^^  He  had  then  presented  new  reso- 
lutions against  the  interference  of  the  President, '•'•'•  and  endorsed 
them  in  a  long  speech,  in  which  he  declared  that  there  were  two 
governments  in  operation  in  Rhode  Island,  and  criticised  Tyler  for' 
assuming  to  himself  the  power  of  deciding  between  them.  Senator 
Simmons,  of  Rhode  Island,  upheld  the  position  of  the  charter  gov- 
ernment, claimed  that  it  was  supported  by  a  majority  of  the  citizens, 
declared  that  the  franchise  in  the  State  was  liberal,  and  denied  the 
legality  of  the  People's  Constitution. *■'"'  The  matter  was  passed 
over  informally,  and  the  resolutions  were  printed.  The  next  day, 
the  resolutions,  on  motion  of  Senator  Talmadge,  were  laid  on  the 
table,  by  a  vote  of  28  to   18.'^°' 

May  23,  however.  Senator  Talmadge  introduced  resolutions  de- 
claring that  a  "  recognized  State  is  republican,''  and  entitled  to  the 
protection  pledged  by  the  Constitution  of  the  United  States;  that 
a  government  cannot   be  superseded  except   in  the  prescribed  way; 


^ 


Island  yesterday.  ']"hey  tried  to  whistle  their  couraiie  up  for  a  while,  and  even  attempted  to  tieceive 
themselves  by  the  miserable  lie  that  it  was  Governor  Kins^  who  had  fled  and  not  the  puissant  Dorr. 
But  it  was  no  go.  The  flag  which  had  been  kept  flying  for  several  days  at  Tammany  Hall,  in  honor 
of  Dorr  and  his  proceedings,  was  struck,  and  all  looked  as  sad  as  though  "  melancholy  had  marked  them 
for.  her  own.'"  TV-Vw  Vori'  Comiitercial  AdviTtiscr ;  copied  in  the  Xational  /iiL-nii^i-iiitr,  May  24, 
1842. 


196  THE     DORR     WAR. 

that  an  attempt  to  overthrow  the  regular  State  government  is  an 
act  of  domestic  violence ;  that  Rhode  Island  should  be  properly- 
protected  in  the  present  crisis ;  and  that  it  was  the  duty  of  the 
President  to  take  preparatory  steps  and  to  adopt  efificient  measures 
for  this  purpose/^'^  The  resolutions  were  printed,  and  here  the 
matter  rested  for  nearly  a  month.  June  21st,  1842,  Senator  Allen's 
resolution  was  assigned,  by  a  vote  of  21  to  15,  to  Monday  week.'''*^^ 
That  day  fell  upon  the  Fourth  of  July,  and  nothing  further  was 
heard  of  the  matter.  The  Rhode  Island  controversy  was  settled, 
as  far  as  any  intelligent  eye  could  see,  and,  not  only  in  Rhode 
Island,  but  also  in  Washington,  and  even  in  New  York,  all  was 
quiet. 


Authorities. — 1  Providence  Journal,  May  i8,  1842.  2  Providoice  Express,  May  18,  1842. 
3  Providence  Journal,  May  19,  1842  ;  Wayland,  Affairs  of  Kliodc  Island.  II.  4  Providence  Journal, 
May  21,  1842.  5  Providence  Plxpress,  May  18,  1842.  (J  Providence  Journal.  May  19,  1842. 
7  'I'urner,  Trial  of  Dorr,  16:  Testimony  of  Col.  ]31odget.  8  Providence  Journal,  May  27,  1842: 
Letter  of  Sam.  Ames.  9  Turner,  I'rial  of  Dorr,  31.  10  Providence  Journal,  May  19,  1842 
11  Providence  Journal,  May  18,  1842.  12  Pitman,  Trial  of  Dorr,  33  13  Turner,  Trial  of 
Dorr,  32.  14:  Turner,  Trial  of  Dorr,  21  :  Testimony  of  Benjamin  M.  nar]in<j.  15  Turner,  Trial 
of  Dorr,  26:  Testimony  of  Laban  Wade.  16  Turner,  I'rial  of  Dorr ,  32  :  'Testimony  of  Charles  W. 
Carter.  17  Letter  of  Dorr,  May  21,  1842  :  I'ublished  in  Providence  Express,  May  28,  1S42  ;  New 
York  Evening  Post,  May  28,  1842  ;  Providoice  Journal,  May  30,  1842  ;  Boston  I'ost,  May  30,  1842  ; 
Republican  Herald,  June  i,  1842.        18  'Turner,    I'rial  of  Dorr,  23  :    Testimony  of  George  B.  Aldrich. 

19  'Turner,   I'rial  of  Dorr,  14:   Testimony  of   Roger  W.  Potter;   Providence  Journal.  May  19,  1842. 

20  'I'urner,    I'rial  of  Dorr,   13  and  32  :   'Testimonies  of  William  P.  lUodget  and  Charles  W.  Carter. 

21  Providence  Journal,  May  19,  1842.  22  A  resident  of  Uxbridge,  Massachusetts.  23  Providence 
Journal,  May  21,  1842.        24  Providence  Journal,  May  20,  1842.        25    Providence  Express,  May  ig, 

1842.  2(J  Providence  Journal,  May  19,  1842  ;  Republican  Herald,  May  21,  1842  ;  Neiv  'it'ork 
Courier  and  Enquirer,  May  20,  1842.  27  Providence  Express,  May  ig,  1842.  28  Providence 
Express,  .May  20,  1842.  29  Providence  Express,  May  2r,  1842.  30  Providence  Journal,  May  23, 
1842.  31  Anthony's  letter  was  published  in  the  Providence  Express,  May  25,  1842,  and  was  copied 
by  the  Providence  Journal,  May  26,  1842,  and  the  Republican  Herald,  May  28,  1842.  Harris's  letter 
appeared  in  the  Providence  Express,  May  26,  1842  and  in  the  Providence  Journal,  May  18,  1842. 
Whipple's  letter  was  published  in  the  Providence  Journal,  May  26,  1842,  and  was  copied  by  the  Provi- 
dence Express,  May  27,  1842.  and  the  Republican  Herald,  May  28,  1842.  32  Providence  Journal, 
May  26,  1842  33  A\-iV  York  Evening  Post,  May  28,  1842.  34  Providence  Journal,  May  19, 
1842.  35  National  Intelligencer,  .May  19,  1842.  3(>  New  York  Courier  and  Enquirer,  May  21, 
1842;  National  Intelligencer.  .May  24,  1842.  37  Senate  Journal,  II  Sess,,  27  Cong.,  1841-42,  p. 
339-        5J8    Congressional  Globe,    II   Sess..    27  Cong.,    1S41-42,   p.    506.         39    Senate  Documents,    II 


THK     ARSENAL.  107 

Sess.,  27  Cong..  1841-42,  IV,  303.  40  Cotii^ressiotml  G/nhf.  II  Sess. .  27  Con^.,  1S41-42  p  =10. 
41  Congressional  Globe,  II  Sess.,  27  Conjr.,  1841-42.  p.  523;  Souite  Docitiiifiits ,  II  .'^c'^s. .  27  *'onji.. 
1841-42,  IV,  304  "  Hesolvcd,  'I'hat,  by  the  Constitution,  the  United  States  are  bound  nfit  only  to 
guaranty  to  every  State  in  the  Union  a  republican  form  of  jfovernment.  but  also  to  protect  each  one  of 
them  against  invasion  and,  upon  proper  aj^plication,  aj^ainst  domestic  vi<jlence.  A'rsoh'i-il.  That  tlie 
form  of  government  with  which  a  ."^tate  came  into  the  Union  and  has  been  recognized  and  represented  as 
a  member  of  the  Union,  must  be  taken  and  regarded  as  republican  ;  and  that  such  State  is  entitled  to  all 
that  protection  against  invasion  and  domestic  violence  which  is  pledged  by  the  Constitution  of  the  United 
States.  Kcsolvt'd,  That  the  Government  of  a  State  so  coming  into  and  recognized  as  a  member  of  the 
Union,  can  only  be  changed  or  superseded,  consistently  with  the  principles  of  our  .American  Republics, 
when  it  is  done  in  pursuance  of,  and  in  the  mode  prescribed  by  the  laws  of  such  Stale  ;  and  that  any 
attempt  by  force  to  overthrow  that  Ciovernment  is  disorderly  antl  revolutionary,  tending  to  anarchy  and 
bloodshed,  and.  in  the  end,  to  the  destruction  of  public  liberty,  and  is  such  a  domestic  violence,  as  en- 
titles that  State,  by  her  Legislature  (or  E.xecutive,  when  the  Legislature  cannot  be  convened),  to  apply 
for,  and  obtain  from  the  United  .States  protection  against  the  same.  A't'solmtl,  That  the  application 
made  by  the  Legislature  of  Rhode  Island,  one  of  the  'Old  Thirteen,'  to  the  President  of  the  United 
States,  for  protection  against  domestic  violence,  was  within  the  meaning  and  terms  of  the  Constitution  ; 
and  that  it  was  the  duty  of  the  President  to  take  such  preparatory  steps  as  a  wise  and  prudent  forecast 
demanded,  and  to  adopt  such  efficient  measures  as  are  contemplated  by  the  Constitution,  and  the  laws 
made  in  pursuance  of  it,  for  giving  such  protection."  42  Congrc'ssio/nil  Globe,  II  Sess.,  27  Cong., 
1841-42,  p.  659. 


CHAPTER    XVI. 


THE    INTERIM. 

THE  people's  government  had  utterly  collapsed  :  the  Governor 
had  fled  from  the  State  ;  the  legislature  had  lost  its  quorum 
of  members ;  not  an  of^cer  of  the  government  was  attend- 
ing to  his  duties — many  had  been  arrested  and  many  had  vanished 
from  sight.  Even  Governor  Dorr  himself  afterwards  acknowledged 
that  the  situation  was  disheartening,  when  he  spoke  of  the  lack  of 
support  and  the  unpromising  result  of  the  attack  upon  the  arsenal. 
We  may  well  ask,  as  he  did,  why  further  attempts  were  not 
abandoned  as  impracticable  and  hopeless;'^"  why,  "after  such  a 
demonstration  as  has  been  described,  all  thoughts  of  any  further 
proceeding  to  carry  into  effect  the  people's  constitution  were  not 
abandoned,  and  the  cause  was  not  left  to  expire  in  the  hands  of 
those  who  had  brought  it   into  existence  .^^  "  ^^^ 

We  are  compelled  to  take  Governor  Dorr's  own  answer  to  this 
question,  as  no  one  else  has  ever  attempted  to  answer  it,  and  at 
^  least  he  was  logical  to  the  bitter  end :  "  The  rights  of  the  case 
were  not  taken  away  by  a  failure  of  arms."'*'^  "  Rights  and  duties 
are  not  to  be  measured  by  degrees  of  success  or  failure.  The  Con- 
stitution  was  valid  and  subsisting.      The   People  could  not  abandon 


THE    IN'IEKIM.  199 

it  by  their  votes  or  by  their  acts."*"^^  "  Nor  could  I  be  permitted 
to  believe  that  the  cause  was  surrendered  by  its  friends."'-'  "  This 
misadventure  in  the  city  of  Providence  was  attributed  to  unforeseen 
circumstances,  to  accident,  to  the  want  of  a  more  general  notice  in 
the  country  towns  for  a  general  rally  at  the  headquarters  of  the 
State,  to  a  temporary  panic  in  the  city,  to  the  pusillanimity  of 
leading  friends  of  the  cause  in  that  place,  from  whom  better  things 
were  expected,  and  whose  hearts  had  failed  them  in  the  moment 
of  trial."  ^'•^ 

Here  is  found  another  side  of  the  character  of  the  People's  t 
Governor  —  he  did  not  know  when  he  was  beaten.  He  could  ac- 
cept reasons,  without  end,  for  the  temporary  defeat  of  the  i8th  of 
May,  but  he  could  not  see  that  these  men,  whose  "  hearts  had 
failed  them,"  were  the  only  ones  upon  whom  he  had  ever  been 
able  to  rely  for  any  real  assistance,  whether  in  action  or  advice. 
Very  few  of  the  ofiRcers  of  the  people's  government  were  present 
at  the  attack  on  the  arsenal,  or  approved  of  the  movement.  After 
the  failure  of  that  attack,  scarcely  a  prominent  supporter  of  the 
government  accepted  Dorr's  lead. 

In  spite  of  the  desertions,  Governor  Dorr  was  easily  deceived 
by  expressions  of  sympathy  and  promises  of  aid,  and  he  wrote  that 
"  Encouraging  reports  and  statements  were  received,  through  let- 
ters and  by  visitors,  from  various  parts  of  the  State,  all  indicating 
an  earnest  desire  to  retrieve  the  late  disaster,  to  regain  the  position 
that  had  been  lost,  and  to  carry  into  complete  effect  the  Constitu- 
tion and  government  of  the  People.  The  quotas  of  men  in  the 
several  towns,  including  Providence,  who  were  pledged  to  support 
[me],  whenever  [I]  should  call  upon  them,  amounted  to  1,300."'^' 
We  shall  soon  see  how  terribly  disappointed  he  must  have  been  in 
the  result  of  his  next  attempt. 


200  THE     DORR     WAR. 

Now  that  it  was  seen  that  Dorr  alone  was  responsible  for  the 
acts  of  the  people's  government,  his  flight  and  the  uncertainty  of 
his  whereabouts  or  his  plans  naturally  began  to  give  rise  to  rumors 
of  all  descriptions.  The  thirty  days  following  the  collapse  of  the 
attack  on  the  arsenal  were  not  lacking  in  excitement.  Governor 
King  and  his  council,  weak  and  vacillating  though  they  had  been, 
now  saw  the  future  more  clearly  than  the  majority  of  Rhode  Island 
citizens,  and  determined  to  make  another  attempt  to  secure  aid 
from  the  national  government.  President  Tyler's  promise  of  future 
aid,  if  it  should  prove  necessary,  gave  hope  that  perhaps  he  might 
consider  that  the  time  had  now  come. 

Seven  days  after  the  arsenal  fiasco,  the  Governor  sent  a  letter 
to  the  President,  setting  forth  the  situation  as  it  appeared  to  him:^^^ 
he  feared  the  approach  of  another  crisis ;  he  had  been  informed  by 
"  messengers "  that  Dorr  "  and  his  agents "  were  raising  troops  in 
neighboring  States;  he  had  no  hesitation  in  afifirming  that  the  law 
and  order  militia  was  sufificient  to  meet  any  force  of  Rhode  Island- 
ers which  the  people's  government  could  collect,  but  from  evidence 
that  forces  were  organizing  in  Massachusetts,  Connecticut,  and  New 
York,  he  felt  that  his  troops  could  repel  them  only  with  "  the  loss 
of  many  valuable  lives."  For  this  reason  he  appealed  to  the  Pres- 
ident; suggesting  that  a  sufficient  body  of  troops  at  Fort  Adams, 
subject  to  the  requisitions  of  the  executive  of  the  State,  would  "  in- 
sure peace  and  respect  for  the  laws,  and  deter  invasions." 

<!rPresident  Tyler  cautiously  replied,  May  28th,  that  he  had  taken 
steps  to  "  ascertain  the  extent  of  the  dangers  of  any  armed  invasion, 
by  the  citizens  of  other  States."  While  he  considered  that  there 
was  no  apparent  probability  of  a  "  violation  so  flagrant  and  un- 
precedented of  all  our  laws  and  institutions,"  yet  he  promised  that 
"should   the   necessity   of   the   case   require   the   interposition   of    the 


THE    INTKKIM.  201 

authority  of  the  United  States,  it  will  be  rendered  in  the  manner 
prescribed  by  the  laws."'"*  The  Secretary  of  War,  J.  C.  Spencer, 
dispatched  letters  to  Colonel  Bankhead,  at  Fort  Adams, '*^'  and  to 
General  Eustis,  at  Boston,""  asking  them  to  take  all  necessary 
means  to  obtain  information  concerning  the  "movements  made  in 
other  States,"  and  especially  concerning  the  rumored  preparation 
of  war  material  at   Boston. 

On  the  request  of  President  Tyler,'"*'  Daniel  Webster,  the  Sec- 
retary of  State,  sent  a  personal  friend  to  visit  Rhode  Island  and 
report  to  him  the  situation  there.  In  a  letter  dated  June  3,  1842, 
this  friend  informed  the  Secretary  that  all  was  quiet;  that  a  large 
majority  of  the  members  of  the  people's  government  had  resigned 
their  places  and  renounced  allegiance  to  their  constitution ;  and 
that,  except  Governor  King  and  his  council,  all  "  intelligent  per- 
sons "  feared  no  "  irruption  upon  them  of  an  armed  force  to  be 
collected  in  other  States."'*'*  Mr.  Webster  at  once  forwarded  this 
letter  to  the  President,  and  no  further  steps  were  taken  for  the 
time  being.  It  was  doubtless  this  private  information  which  pre-' 
vented  the  public  appearance  of  a  proclamation,  commanding  all 
persons  connected  with  the  insurrection  to  disperse,  which  was  pre- 
pared but  never  issued.'*^ 

Meanwhile  the  rumors  in   Rhode   Island  gradually  became  more 
consistent  with  each  other.      Any  movement  now  of   the  advocates 


(«)  Burke's  Report,  684. 

"BY    THE    PRESn3ENT    OF    THE    UNITED    STATES    OF    AMERICA. 

"A    PROCLAMATION. 

"  Whereas  the  legislature  of  the  State  of  Rhode  Island  has  applied  to  the  President  of  the  United 
States,  setting  forth  the  existence  of  a  dangerous  insurrection  in  that  State,  composed  partly  of  deluded 
citizens  of  the  State,  but  chiefly  of  intruders  of  dangerous  and  abandoned  character  coining  from  other 
States,  and  requiring  the  immediate  interposition  of  the  constitutional  power  vested  in  him  to  be  exer- 
cised in  such  cases,  I  do  issue  this  my  proclamation,  according  to  law,  hereby  commanding  all  insurgents. 


202  THE     DORR     WAR. 

of  the  people's  constitution  must  clearly  be  a  movement  of  force, 
and  must  begin  on  the  borders  of  the  State,  and  there  could  be 
no  question  but  that  it  would  be  in  the  northern  portion.  June  2d, 
rumors  of  an  intended  encampment  at  Woonsocket  were  current. ^^'^^ 
The  next  day  came  reports  of  meetings  of  agitators  at  Scituate, 
Chepachet,  and  Woonsocket. '^"^^  It  was  reported  that  a  lot  of  land 
in  Smithfield,  "  about  a  mile  from  Woonsocket,  at  a  place  called 
Daily  Hole,  near  the  Friend's  Meeting  House,"  had  been  hired 
for  an  encampment,  which  was  to  be  fortified.  At  this  time  the 
Express  said:  "There  seems  to  be  considerable  excitement  abroad, 
about  Governor  Dorr's  movements  at  Woonsocket,  without  sufficient 
reason.  There  is  little  or  no  excitement  at  home,  and  there  are  no 
known  grounds  for  any."*^'^* 

Rumors  of  a  depot  of  arms  on  the  Connecticut  side  of  the  line 
next  appeared.  ^'''^  Perhaps  the  friendly  attitude  of  Governor  Cleave- 
land  of  that  State  toward  Governor  Dorr  may  have  given  rise  to 
this  story.  Meetings  at  Diamond  Hill  Plain,  and  armed  men  on 
the  Douglas  turnpike,  were  next  reported.*'*'^  June  i8th  an  attempt 
was  made  to  obtain  cannon  and  ammunition  in  the  possession  of  the 
artillery  company  of  the  little  town  of  Warren,  in  Bristol  county. "^^ 
This  was  unsuccessful,  but  it  had  the  effect  of  thoroughly  awaking 


and  all  persons  connected  with  said  insurrection,  to  disperse  and  retire  peaceably  to  their  respective 
abodes  within  twenty-four  hours  from  the  time  when  this  proclamation  shall  be  made  public  in  ishode 
Island. 

'■  In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to  be  hereunto  affixed,  and 
sij^ned  the  same  with  my  hand. 

"  Done  at  the  city  of  Washington,  this day  of  ,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  forty-two,  and  of  the  independence  of  the  United  States  the  sixty-sixth. 

"JOHN    TVLKR. 
"  15y  the   President  : 

"  DANIEL    WEBSTER, 

"  Secretary  of  Slate." 


THE     INTERIM. 


203 


the  charter  government  to  the  feeling  that  clanger  was  threatening 
them.  The  Journal  editorially  expressed  the  feelings  of  the  law 
and  order  party  thus:^"*^  "At  this  time,  when  nearly  all  the  lead- 
ing men  profess  to  be  opposed  to  forcible  measures,  and  when 
most  of  them  have  publicly  resigned  their  treasonable  offices,  the 
natural  enquiry  is,  what  are  all  these  preparations  for  ?  Why  is 
this   constant  commotion 


kept  up  ?  Why  are  mili- 
tary companies  banded  to 
act  against  the  govern- 
ment? Why  are  meet- 
ings held  for  military 
exercises  }  Why  are  can- 
non stolen  1  Why  do  the 
insurgents  refuse  to  sur- 
render the  arms  of  the 
State  yet  illegally  in  their 
possession  ?  One  reason 
of  all  this  may  be  a  dis- 
position to  keep  up  an 
organization  without  any 
definite  object,  but  ready  ; 
to  take  advantage  of  any 
favorable  turn  that  the 
tide  of  affairs  may  take;  but  another  and  more  important  object, 
we  imagine,  is  to  influence  the  General  Assembly,  now  in  session. 'V 

The  legislature  met  for  its  June  session  at  Newport,  Monday, 
the  twentieth. ^'^^  No  quorum  appeared  until  the  next  day,  and  then 
the  Assembly  devoted  most  of  its  time  to  the  allied  subjects  of 
constitutional  conventions  and  the  suffrage.     Nearly  a  score  of  peti- 


HI-XRY    Y.    CRAXSTOX. 


204  THE     DORR     WAR. 

tions  and  resolutions  of  town  meetings  were  received  bearing  on 
these  matters.  On  motion  of  Henry  Y.  Cranston,  of  Newport,  all 
these  petitions  were  referred  to  a  select  committee  of  two  from 
each  county.  A  resolution  calling  for  a  convention  was  presented 
by  David  Daniels,  and  also  referred  to  the  committee. ^^"^^  Two  days 
later  the  committee  rendered  its  report  in  the  form  of  a  resolution 
callinor  for  a  convention  to  frame  a  constitution  for  the  State.     After 

o 

a  short  consideration  the  resolution  was  adopted,  sent  to  the  Senate, 
and  there  amended ;  the  amendments  were  concurred  in  by  the 
House.  The  legislature  then  adjourned,  to  meet  in  Providence  the 
following  Saturday. *^^'^ 

The  call  for  the  constitutional  convention  of  1842  was  patterned 
after  that  for  the  convention  of  1841,  and  is  of  interest  only  in  two 
or  three  respects. ^^^'  The  apportionment  of  delegates,  in  accordance 
with  its  provisions,  was  practically  the  same  as  that  of  the  year 
before.  The  city  of  Providence  was  allowed  but  six  delegates; 
Smithfield,  Newport,  and  Warwick  were  given  four  each ;  and  the 
remaining  towns  were  granted  two  or  three  each.  The  delegates 
to  the  1 84 1  convention  were  chosen  by  the  freemen  of  the  State, 
that  is,  by  those  citizens  who  had  the  right  of  suffrage  in  accord- 
^  ance  with  the  existing  laws.  The  delegates  to  the  1842  convention 
were  to  be  elected  by  the  votes  of  all  "  native  male  citizens  of  the 
United  States,  of  the  age  of  twenty-one  years  and  upwards,"  who 
had  lived  in  the  State  for  three  years.  It  will  be  noted  that  the 
word  "  native  "  appears  in  this  call,  and  that  the  length  of  residence 
is  put  at  three  years  instead  of  one.  Otherwise  the  franchise  for 
the  election  of  delegates  varied  little  from  that  proposed  by  the 
people's  party.  The  call  also  provided  that  those  persons  who,  by 
the  provisions  of  the  constitution  to  be  framed  by  the  proposed 
convention,    should    have    the   right    to   vote    for    the    State    officers. 


THE    IN'IERIM.  205 

should  have  the   privilege  of  voting  for  or  against  the  constitution 
itself.      Evidently    the    law    and    order   people    had    had    their   eyes- 
opened;    they   conceded    to    the    suffragists   almost  as   much   as   the 
reformers  had  asked. 

When  the  General  Assembly  met  again,  on  Saturday,  at  Provi. 
dence,  the  situation  had  begun  to  be  serious.  The  first  step  taken 
by  the  legislature  was  to  repeal  the  charters  of  two  militia  organ- 
izations that  were  thought  untrustworthy,  and  to  grant  charters  to 
several  new  companies. ^^^'  A  resolution  was  then  proposed,  by  Mr. 
Whipple,  offering  amnesty  to  those  who  had  made  themselves  liable 
to  arrest  under  the  terms  of  the  "  Algerine  Law."  This  resolution 
was  laid  on  the  table  for  the  time  and  hastily  withdrawn  on  Mon- 
day, when  affairs  had  taken  an  even  more  serious  appearance.  The 
Assembly  then  adjourned  to  Monday,  after  passing  an  "  Act  estab- 
lishing martial  law."^'^^^  The  next  day  Governor  King  issued  a 
proclamation  "to  make  known  the  same  unto  the  good  people  of 
this  State,  and  all  others,  that  they  may  govern  themselves  accord- 
ingly." ^^^'  When  Monday  came,  the  General  Assembly  met  at  lo 
o'clock,  and  immediately  adjourned  until  the  next  Thursday  after- 
noon. ^"^''^^ 


AuTUdKiriES.  —  1  Turner,  7'iifil  of  Dorr,  75.  2  Btirkt-'s  Ri'port,  755  :  Address  of  Dorr. 
August,  1S43.  3  Turner,  Trial  of  Dorr,  75.  -i  Turner,  Trial  of  Dorr,  75.  5  Turner.  Trial 
of  Dorr,    75.        6   Burkes    Report,    6S1  7   Burkes    Report,    682,        S   Burkes    A'eporl.    6S2.        i) 

Burke's  Report,  683.  10  Burke's  Report,  685:  letter  from  I>aniel  Webster  to  I'resident  Tyler, 
June  3,  1842.  11  Burke's  Report,  6S5  :  Letter  to  Daniel  Webster,  June  3.  1S42.  12  Provideuee 
Journal,  June  2,  1842.  13  Providence  Journal,  June  3.  1S42.  14  Providence  /■'.x/;vj-j'.  June  4, 
1842.  15  Providence  Journal,  June  6,  1842.  10  Providence  Journal,  June  14,  1842  17  Prov- 
idence Journal,  ]\int  20,  1842.  18  Providence  Journal,  June  21,  1S42.  19  Rhode  Island  House 
Journal,  June  20,  1842  20  Rhode  Island  House  Journal,  June  21,  1842.  21  Rhode  Island  House 
Journal.  June  23,  1842;  Providence  Journal,  June  25,  1842.  22  Burke's  Report,  444-446.  23 
Rhode  Island  House  Journal,  June  25,  1842;  Burke's  Report,  Sig  24:  Rhode  Island  House  Jour- 
nal, June  25,  1842  ;  Rhode  Island  Acts  and  Resolves,  June,  1S42.  p.  7  ;  Providence  Journal,  June  25, 
1842.        25    Burke's  Report,  373.      See  page  [229].       2{>   Rhode  Island  House  Journal,  June  27.  1842. 


CHAPTER    XVII. 


ACOTE'S    HILL. 

THE  month  of  June  had  two -thirds  passed  before  the  peo- 
ple of  Rhode  Island  awoke  to  the  fact  that  further  danger 
actually  threatened  them.  It  was  not  easy  to  believe  that 
another  attempt  to  establish  the  people's  government  by  force  could 
be  proposed  by  the  fugitive  or  his  friends.  The  Boston  Post  ex- 
pressed truthfully  the  prevailing  opinion  in  Rhode  Island;  this  was 
that  no  resort  to  violence  was  intended,  but  that  the  friends  of 
suffrage  desired  to  give  a  warning  to  the  legislature  to  do  its  duty 
and  take  the  first  steps  toward  a  new  and  liberal  constitution. ''^^ 

In  this,  however,  the  people  were  mistaken.  Governor  Dorr 
planned  to  try  once  more.  Having  spent  some  time  in  New  York, 
where  he  received  much  sympathy,  though  little  material  assistance, 
he  left  that  city  on  Tuesday,  the  twenty- first,  to  return  to  Rhode 
Island.  ^'^  The  next  morning  he  arrived  in  Norwich,  Connecticut, 
on    the    steamboat    New    Haven}^^      With    him    was    the    "Spartan 


'">  "  We  are  confident  that,  if  the  suffrage  men  are  taking  the  measures  stated,  they  are  but  pre- 
cautionary, and  that  there  will  be  no  resort  to  violence  if  the  legislature,  which  is  now  in  session,  does 
Its  duty,  by  surrendering  to  the  people  at  once,  and  without  any  onerous  conditions,  the  long  withheld 
right  of  self-government."     Boston  Post,  ]une.  22,  1842.     See  also  Providence  Journal,  ]unQ  22,,  1842. 


acote's    hill.  207 

Band,"  a  small  number  of  men  from  the  metropolis,  not  more  than 
twenty,  probably,  under  the  command  of  Michael  Walsh. '^'  At 
Norwich,  the  Governor  was  met  by  his  Secretary  of  State,  William 
H.  Smith,  as  well  as  by  a  few  other  friends/'^  As  a  result  of  this 
interview,  an  order  was  sent  to  convene  a  council  of  military  offi- 
cers at  Chepachet,  to  determine  whether  any  step  should  be  taken 
at  this  time  or  not/'^^  This  place  was  chosen,  since  it  would  prob- 
ably be  the  base  of  operations  if  the  council  favored  immediate 
action. 

In  one  respect  Chepachet  was  well  adapted  for  this  purpose. 
It  was  a  little  village  in  the  town  of  Glocester,  in  the  northwest 
part  of  the  State.  This  town  bordered  upon  Connecticut,  and  ex- 
tended about  half  the  distance  across  Rhode  Island.  Chepachet 
was  five  miles  east  of  the  Connecticut  line,  perhaps  eight  south  of 
the  Massachusetts  border,  and  sixteen  northwest  of  the  city  of 
Providence.  On  the  other  hand,  the  village  was  in  the  center  of  a 
small  farming  community,  which  attempted  little  more  than  to  raise 
sufficient  crops  for  its  own  support.  The  month  was  June,  and 
harvest  time  was  far  in  the  future.  The  charter  forces  would  cut 
off  supplies  from  Providence,  and  in  the  opposite  direction  cities 
and  large  towns  were  few  and  far  between.  A  force  of  any  size 
must  make  a  movement  quickly,  from  such  a  base,  or  lack  of  pro- 
visions would  quickly  prove  its  ruin. 

Before  the  council  of  military  officers  had  had  time  to  meet, 
the  rank  and  file  had  already  taken  possession  of  Chepachet.  Gov- 
ernor Dorr  was  informed,  at  North  Killingly,  Connecticut,  to  which 
place  he  had  proceeded  from  Norwich,  ^*^^  that  five  hundred  men  had 
"  assembled  at  Chepachet  without  orders,"  and  that  an  attack  upon 
them  by  the  charter  forces  was  momentarily  expected.  At  once 
the   fugitive    commander-in-chief   hastened    to    the   spot,   to   "share 


208  THE     DORR     WAR. 

with  them  the  fortunes  of  the  cause."  ^''  He  arrived  at  two  o'clock 
on  Saturday  morning  (the  25th),  and  found  that  he  or  some  other 
leader  was  imperatively  needed.  ^"^^ 

The  village  of  Chepachet  had  been  the  center  of  exciting  scenes 
for  three  days.  Early  Wednesday  morning  a  cannon  had  been 
brought  to  the  village  by  a  half  dozen  men,  from  Woonsocket 
Falls. '^'  Other  cannon  arrived  during  the  day,  and  men  began  to 
collect  in  the  neighborhood.  By  Thursday  it  was  reported  that 
four  hundred  men  had  arrived,  with  some  field  pieces,  plenty  of 
ammunition,  and  more  muskets  than  men.*'°^  On  Friday  the  num- 
ber was  said  to  have  increased  —  the  Jotirnal  stating  that  six  hun- 
dred men  were  in  the  village,  ^"^  the  Express  admitting  the  number 
to  be  seven  hundred. ^'^^ 

Governor  Dorr,  on  his  arrival,  did  not  find  even  six  hundred 
men.  In  the  morning,  by  his  own  account,  there  were  less  than 
two  hundred,  and  some  of  these  left  that  afternoon ;  that  night  there 
were  not  more  than  fifty  on  the  spot,  the  remainder  being  scat- 
tered throughout  the  neighborhood  ;  the  largest  number  present,  at 
any  one  time,  during  Saturday,  Sunday,  and  Monday,  was  less  than 
two  hundred  and  fifty.  ^'^'  The  discrepancy  in  these  estimates  of  the 
number  of  persons  present  may  not  seem  so  great  if  it  is  realized 
that  the  Governor  counted  only  the  men  under  proper  orders,  while 
the  newspapers  counted  spectators,  stragglers,  and  "hangers  on." 

Governor  Dorr  found  that  his  small  band  had  begun  to  fortify 
Acote's  Hill,  an  eminence  about  eighty  feet  in  height,  a  short  dis- 
tance from  the  center  of  the  village.  The  Providence  turnpike 
passed  along  the  southern  side  of  this  hill,  entering  the  main  street 
of  the  village  at  the  southwest  corner  of  the  hill. 

Immediately  east  of  it  was  a  lower  hill,  separated  from  it  by  a 
sandy,  rocky  ravine.     Next  east,  on  the  same  side  of  the  road,  was 


ACOTE  S      II 1 1.1,. 


20'.  I 


a  pond,  Across  tlic  turnpike,  to  tlic  south,  was  a  strctcli  of  table- 
land, gradually  rising  to  a  height  of  a  hundred  and  thirty  feet, 
completely  commanding  Acote's  Hill.  No  fort  had  been  built,  but 
slight  breastworks  had  been  thrown  up  on  the  south  and  west 
sides,  the  other  sides  being  entirely  unprotected.'"* 


25 


Above  18  a  rough,  but  we  believe  a  pretty  accurate  map  of  the  position  of  the  maurgtMit  camp,  and 
of  the  surrounding  country  They  were  entrenched  upon  Acote  s  Hill,  whtch  is  80  feet  high.  The 
hill  on  the  Houth  is  130  feet  high,  and  ot  course  commands  tl)e  entrenchment  it  is  three  quarters  of 
a  mile  distaoL  From  Chepachet  to  the  most  eabtern  point  on  the  map,  is  two  miles.  The  entrench- 
ment was  on  the  weatem  part  of  the  hill,  facing  the  east  and  south  The  descent  towards  Chepachet 
is  very  steep,  and  was  not  protected  by  any  embankments.  There  are  no  embrasures,  but  open  epaoes 
are  left  in  the  entrenchment  in  which  the  cannon  were  placed. 

MAP    OF    CHEPACHET    SHOWING    DORR'S    CA.MP. 

(collection     KHODE     island     HISTCIKICAL     SOCIETY.) 


210  THE     DORR     WAR. 

Governor  Dorr  made  the  claim  afterwards  that  he  was  greatly 
surprised  to  find  the  men  "posted  in  an  untenable  position. "^'^^ 
However,  he  took  no  steps  to  find  or  obtain  a  more  tenable  posi- 
tion. A  little  more  work  was  done  on  the  fortifications,  several 
cannon  were  mounted,  and  then  the  men  apparently  settled  down 
to  wait  the  turn  of  events.  Saturday  passed,  and  nothing  further 
was  done  but  to  send  orders  to  all  the  towns  in  the  county  for 
the  people's  militia  to  "  repair  forthwith  to  headquarters  for  its  de- 
fence." Sunday  passed,  and  as  many  men  departed  as  arrived ;  for 
until  Monday  morning,  there  was  no  attempt  made  to  enforce  dis- 
cipline among  the  troops.  *'^^ 

Scarcely  had  the  armed  men  begun  to  collect  at  Chepachet 
when  they  also  were  troubled  with  rumors.  The  fear  that  the 
charter  government  would  send  a  large  force  against  them  was 
uppermost  in  the  minds  of  all.'^'^  When  the  report  came,  late  in 
the  evening  of  Wednesday,  June  22,  that  a  body  of  men  had  been 
seen  approaching  the  village  along  the  turnpike,  guards  were  posted 
at  the  entrance  to  the  village ;  and  one  or  two  hours  after  mid- 
night the  entire  hostile  force,  consisting  of  four  men,  was  arrested 
and  lodged  in  a  barn.  Two  were  travelling  from  Providence  to 
Killingly,  Connecticut;^^'  the  other  tw^o  had  been  sent  out  by  the 
executive  council  to  see  what  movements  were  being  made  at  Che- 
pachet.^^' The  four  men  were  bound  together  and,  between  the 
files  of  a  company  of  soldiers,  were  compelled  at  once  to  walk  the 
twelve  miles  to  Woonsocket  Falls.  Throughout  the  march  they 
were  harshly  treated,  and  one  became  so  exhausted  that  he  had  to 
be  carried.     Reaching  Woonsocket  at  six  in    the  morning,  the  four 


"■'  Tliesc  men  were  Charles  J.  Shelley  and  John  C.  Keep,  both  of  Providence. 
'''Samuel  W.  J'cckham  and  Charles  F.   Harris,  botii  of  Providence. 


ACOTE  S      Hir.L.  211 

men  were  taken  to  a  hill  which  seemed  to  be  the  headquarters  of 
the  so-called  suffragists.  After  a.coui)le  of  hours  delay,  the  men 
were  permitted   to  go,   no   reason    being   found   for  holding   them."'^' 

Hastily  returning  to  Providence,  the  four  men  presented  them- 
selves before  a  justice  of  the  peace  and  swore  to  the  truth  of  the 
story  which  they  related.  They  had  had  considerable  conversation 
with  the  insurgents,  both  at  Chepachet  and  Woonsocket,  and  had 
learned  that  the  two  bands  were  preparing  to  unite  immediately 
at  Chepachet.  The  insurgents  claimed  that  they  cared  nothing 
about  the  General  Assembly  nor  any  of  its  acts — they  were  pledged 
to  uphold  their  constitution.  Before  sunset,  they  said,  at  least  two 
thousand  men  would  have  assembled,  and  aid  was  on  the  way  from 
New  York;  then  they  would  march  to  Providence  and  demand  its 
surrender;  if  refused,  they  would  bombard  the  city.^"*^ 

This  was  of  course  merely  the  talk  of  a  rabble,  yet  the  story< 
spread  like  wildfire  throughout  the  city  and  thoroughly  awakened 
the  charter  authorities.  Governor  King  wrote  a  beseeching  letter 
to  President  Tyler,  stating  his  grounds  for  fearing  that  open  vio- 
lence was  again  ready  to  break  out,  *'-'^'*  and  describing  the  theft  of 
cannon  and  powder,  the  gathering  of  armed  men  in  the  northern 
part  of  the  State,  and  the  establishment  of  a  kind  of  martial  law 
in  Woonsocket  and  Chepachet.  He  enclosed  the  depositions  of 
the  four  citizens  of  Providence  who  "  were  cruelly  treated  under 
pretense  of  being  spies,"  and  sent  the  letter  by  the  hands  of  Sen- 
ator William  Sprague,  directing  him  personally  to  present  the  case 
to  the   President.  ^^^* 

Perhaps   Mr.  Tyler  cannot  be  criticised   very  severely  if   he  felt^ 
like   saying,   "  Wolf,   wolf,   when    there    is    no   wolf."      In    April    Gov- 
ernor King  had  asked  aid ;  in   May  he  had  twice  begged  for  assist- 
ance;    now,   in    June,   he   again   sent   a    beseeching    letter.      At   any 


212 


THE     DORR     WAR. 


rate,  the  President  deferred  a  direct  reply  to  the  request  by  again 
callina:  the  Governor's  attention  to  the  fact  that  the  Rhode  Island 
legislature  was  in  session,  and  that  the  communication  should  have 
come  from  it/"^  Governor  King  might  well  have  answered  that 
this  session  of  the  Assembly  was  legally  the  same  as  that  of  Way 
4,  when  it  did  ofificially  call  upon  the  President.  However,  though 
Colonel    Bankhead   wrote    to   Washington,   advising    the   sending   of 

troops;  '^•^'  though 
Postmaster  Hallett, 
of  Providence,  sent  to 
the  Postmaster- Gen- 
eral an  account  of  the 
situation  ;^^^^  though 
Senators  Simmons 
and  Sprague  and 
Representative  Til- 
linghast  called  upon 
the  President,  and 
also  sent  him  an  ur- 
gent letter,  ^■•^^^  John 
Tyler  did  not  yield. 
Two  days  after  the 
fiasco  of  Acote's  Hill,  he  requested  the  Secretary  of  War  to  go 
to  Providence  and  take  what  steps  were  necessary.'-'''  No  steps 
were  necessary,  and  the  President  had  done  well  to  keep  his  head. 
After  sending  his  messages  to  President  Tyler,  Governor  King 
began  to  take  steps  to  make  use  of  the  entire  militia  to  repel  the 
"  invasion."  Orders  were  at  once  sent  out  to  all  parts  of  the  State, 
directing  the  miHtary  companies  to  put  themselves  in  readiness  for 
service  and  to  be  prepared   to  march   to  the  scene  of  action  within 


GOVERNOR    KING    RESIDENCE. 


acote's    hill.  213 

two  or  three  days.  Saturday  morning,  three  hundred  and  fifty 
men  arrived  in  Providence  —  the  artillery  companies  from  Newport, 
Bristol,  and  Warren  —  and  the  steamboat  at  once  returned  to  New- 
port for  the  remainder  of  the  militia  of  that  town  ;  a  body  of  four 
hundred  men  arrived  on  the  railroad,  from  the  southern  ])art  of  the 
State i*'"^^^  the  militia  of  Providence  and  the  neighboring  towns  were 
mustered  and  held  under  arms,  ready  to  move  at  a  moment's  warn- 
ing. In  the  afternoon  a  review  of  the  troops  in  Providence  was 
held  at  Smith's  Hill,  when  sixteen  hundred  men  passed  the  review- 
ing ofBcers,^^^^  while  two  or  three  hundred  more  wei'e  on  duty  in 
the  city.  On  the  arrival  of  the  third  and  fourth  brigades,  later  in 
the  day,  it  was  estimated  that  the  force  in  Providence  numbered 
twenty- five  hundred  men.''"* 

Sunday  was  comparatively  a  quiet  day  in  Providence.  Martial 
law  was  declared,  guards  were  stationed  in  all  parts  of  the  city, 
and  the  statutes  were  enforced  with  unusual  severity.  About  thir- 
teen hundred  men  were  under  arms  on  Jefferson  Plains,  and  the 
rest  of  the  army,  now  numbering  three  thousand,  was  quartered 
in  private  families  or  at  the  college,  froni  which  the  students  had 
been  turned  out.'~''^  A  portion  of  the  fourth  brigade  was  ordered 
to  march  direct  to  Foster,  a  town  south  of  Glocester  and  border- 
ing on  Connecticut.  P^rom  this  point  as  a  base,  the  retreat  from 
Chepachet  to  Connecticut  might  easily  be  cut  off.  William  Gibbs 
McNeill  was  appointed  Major -General  and  given  command  of  the 
entire  force.  He  made  his  headquarters  at  the  Tockwotten  House, 
at   India  Point. '^'^^ 

Hour  after  hour  passed,  on  Monday,  and  no  move  was  made. 
The  troops  were  kept  in  readiness,  but  for  what  ?  Were  they 
simply  collected  in  Providence  to  act  in  defense  of  that  city  ?  Did 
they   not  dare   to   take   the   offensive   and   attack   the   insurgents   on 


214 


THE     DORR     WAR. 


Acote's  Hill  ?  Were  Governor  King  and  General  McNeill,  with 
3,000  or  4,000  men,  afraid  to  attack  the  hill  defended  by  a  few 
cannon  and  a  force  of  a  thousand  men,  at  the  highest  estimate  ? 
Perhaps    they  feared    disloyalty   in    their    own    ranks ;    but    would    a 

delay  make  the  men 
more  loyal  ?  Or  were 
the  charter  authorities 
waiting  in  the  hope  of 
obtaining  a  favorable 
reply  from  President 
Tyler  ? 

A  remarkable  change 
in  the  appearance  of 
affairs  came  Monday 
night.  All  was  activity 
at  the  charter  head- 
quarters, and  orders 
were  issued  to  begin 
the  march.  A  sudden 
confidence  seemed  to 
have  taken  possession 
of  those  high  in  au- 
thority. The  advance 
guard  which  had  been 
sent  forward  to  Green- 
ville was  ordered  to 
proceed  at  once  to  Chc- 
pachet.  Apparently  this  new  confidence  did  not  pervade  the  entire 
army.  The  officers  in  command  of  the  various  divisions  of  the 
charter  forces  obeyed  these   new  orders  slowly,  using  great  caution. 


COL.    W.    W.    BROWN. 

'  sKiKMici) "    iiiK    your   ON    Aforic's    mi.i.. 


^/ 


■jn 


£3 


^^^ 

^     ?ii^l 


4^ 


t^ 


^ 


m 


m 


^ 


acote's    hill.  215 

Not  until  nearly  eight  o'clock  on  Tuesday  morning  (June  28), 
did  the  advance  guard  reach  the  neighborhood  of  the  hill.''*'^  The 
result  of  the  attack  was  soon  announced  to  the  people  of  Provi- 
dence by  the   Military   Orders,    Number  54. 

"  The  village  of  Chepachet  and  fort  of  the  insurgents  were 
stormed  at  quarter  before  8  o'clock  this  morning,  and  taken  with 
about  one  hundred  prisoners  by  Colonel  William  W.  Brown  ;  none 
killed  and  no  one  wounded." ^"^'^^ 

The  Providence  Journal  issued  an  extra  edition  in  the  afternoon, 
telling  the  story  thus : 

"  Dorr  Fled  and  His  Fort   Taken. 

"  News  has  this  moment  arrived  that  the  force  under  command 
of  Colonel  Brown  has  taken  the  insurgent  fortification.  Dorr  has 
fled  but  large  numbers  of  his  men  have  been  captured."  ^'^^ 

The  true  facts  seem  to  be  that  no  fort  was  taken,  for  the  rude 
fortifications  need  not  be  dignified  by  that  name ;  that  no  fort 
was  stormed,  for  Acote's  Hill  was  without  a  defender;  that  none 
of  the  charter  forces  were  killed  nor  even  wounded,  because  there 
was  no  fighting;  and  that  the  prisoners  reported  as  captured  were 
taken  from  places  of  hiding  or  were  non-combatants  who  were 
guilty  only  of  being  found  on  the  spot.  Governor  Dorr  had  left, 
and  his  troops  had  disbanded  more  than  twelve  hours  earlier;  and 
the  poor,  deluded  men,  thus  practically  deserted,  were  trying  to 
obey  their  last  orders  and  escape  to  their  homes. ''^^^ 

Dorr's  flight  was  known  to  the  charter  authorities  early  Mon- 
day evening,  and  was  the  cause  of  the  confidence  so  suddenly  dis- 
played.    Walter  S.  Burges,  one  of  Governor  Dorr's  personal  friends 


216  THE     DORR     WAR. 

and  former  adherents,  received  a  letter  from  Chepachet^'^^  about 
seven  o'clock  on  Monday  evening.  It  was  handed  to  him,  with 
the  seal  unbroken,  by  Colonel  Edwin  H.  Hazard,  for  it  had  been 
intercepted  by  the  charter  authorities.  Mr.  Burges,  at  Colonel 
Hazard's  request  and  in  his  presence,  opened  the  letter,  and  found 
a  line  directed  to  himself  and  an  enclosure  directed  to  the  pub- 
lishers of  the  Providence  Express.  The  letter  to  Mr.  Burges  was 
signed  "  T.  W.  Dorr,"  and  was  a  request  that  the  enclosure  be 
delivered  as  directed.  Governor  Dorr  also  wrote :  "  Believing  that 
a  majority  of  the  people  who  voted  for  the  constitution  are  opposed 
to  its  further  support  by  military  means,  I  have  directed  that  the 
military  here  assembled  be  dismissed."  He  added  that  he  hoped 
that  "  no  impediments  "  would  be  "  thrown  in  the  way  of  the  return 
of  [the]  men  to  their  homes."  Colonel  Hazard  carried  the  letter 
directed  to  the  Express  to  General  McNeill,  who  immediately  opened 
and  read  it.  A  few  moments  later  a  general  council  was  held,  at 
which  were  present,  among  others.  Governor  King,  several  mem- 
bers of  the  executive  council.  General  McNeill,  Colonel  Bankhead, 
and  Mayor  Thomas  S.   Burgess. ^^'^^ 

The  decision  as  to  the  state  of  affairs  in  Rhode  Island  for  the 
next  few  days  now  rested  wholly  with  the  charter  authorities ;  so 
they  might  publish  the  letter,  and  quiet  the  excitement  so  generally 
prevalent ;  they  might  keep  their  forces  where  they  were,  and  per- 
mit   the    misguided    insurgents    to    return    to    their    homes    without 

''"  "  Glocester,  R.  I.,  June  27,  1842. 

"  7'o  the   Publislicrs  of  tlic   '  lixprexs,'   I'rin'idoicc ,    R.    I. 

"  Having  received  such  information  as  induces  me  to  believe  that  a  majority  of  the  friends  of  the 
people's  constitution  disapprove  of  any  further  forcible  measures  for  its  support  ;  and  believing  that  a 
conflict  of  arms  would  therefore,  under  existing  circumstances,  be  but  a  personal  controversy  among 
different  portions  of  our  citizens,  I  hereby  direct  that  the  military  here  assembled  be  dismissed  by  their 
respective  officers. 

"  'r.  W.  DORR,    Coininaitder-i)i-Chii'f." 


^1 


f^/" 


o 

U     -a 


acote's  hill.  217 

molestation ;  or  they  might  delay  the  publication  of  the  letter,  make 
a  brave  show  of  force,  capture  the  abandoned  fort,  take  as  many 
prisoners  as  possible,  and  prove  themselves  so  energetic  that  even 
the  persistent  Dorr  would  not  dare  to  try  again.  They  chose  the 
latter  course.  The  letter  to  Mr.  Bur<j;es  was  handed  to  him  at 
about  seven  in  the  evening  of  Monday,  and  must  have  been  sent 
from  Chepachet  at  least  two  hours  earlier.  Not  until  the  next 
morning  was  the  letter  given  to  the  Express,  which  had  already 
suspended  publication,  fearing  a  riotous  attack  on  the  establishment. 
However,  Mr.  Burges  obtained  permission  from  the  Governor  for 
the  publishers  to  print  an  extra  edition,  containing  the  letter,  which 
did  not  appear  until  after  noon.^^*'^  A  few  hours  later,  the  Journal 
copied  the  letter  and  printed  it  in  the  same  edition  wnth  the  news 
of  the  "  Capture  of  Dorr's   Fort."  ^'^'^ 

The  decision  to  abandon  the  movement  was  made  by  a  military 
council  held  by  Dorr  in  the  afternoon,  but  the  order  for  dismissal 
was  not,  however,  promulgated  to  the  men  until  seven  o'clock,  and 
an  hour  later  Governor  Dorr  and  the  ofificers  had  deserted  the 
.spot.^^^^  The  men  were  left  to  return  home  or  flee  from  the  State 
as  best  they  could.  What  were  the  grounds  upon  which  the  decis- 
ion to  abandon  the  movement  was  made.^  Was  it  because  the 
conflict  was  evidently  so  unequal }  A  meagre  five  hundred  or  a 
thousand  men  were  arrayed  to  withstand  the  three  thousand  or 
four  thousand  charter  soldiers.  For  a  time  Governor  Dorr  antici- 
pated that  his  followers  in  Providence  would  follow  the  charter 
army,  harass  it  from  the  rear,  and  thus  render  it  less  effective. '^^^ 
But  he  was  undeceived  in  this  matter  when  he  was  told  the  names 
of  many  former  suffragists  who  were  in  the  charter  ranks. '^'^*  The 
little  band  on  Acote's  Hill  was  in  an  "untenable  position."  Not 
only   was   the   hill    ill   fortified,   but   the   artillery   ammunition   would 


218 


THE     DORR     WAR. 


MEEIINC 


OF 

CHEPACHET- 


The  above  map  showa  the  village  of  Chepachet,  and  the  quarters  of  the  troopa  whieh  were  station- 
ed there  Col.  Brown's  headquarters  were  at  Sprague's  tavern  ,  the  Newport  Arlillery,  were 
quartered  in  the  meeting  house  ;  the  Light  Infantry  at  Sprague's  tavern  ,  the  Warren  Artillery  and 
Infnnlry  at  Samuel  Y»  Atwell's  house  ,  the  Marine  Artillery  at  Mr  Hunts  the  Third  Brigade  at 
Mr  Sheldon's,  and  a  portion  of  it  at  Mr.  Atwell's,  after  the  Warren  companies  had  left  The  Bristol 
Artillery,  Newport  Volunteers,  Middletown  Vftlunleers,  Bristol  Neck  Infantry,  and  Barrmaion  Vo\- 
bm  Chepachei  and  quartered  at  Green«rille  for  Ihp  nigtii. 


(COI.I.KtriON     KHODIC     ISI.AN'll     II  IS  1(1  KIC  A  I.     SOCIKTV.) 


V 


acotk's    hii.l.  210 

be  exhausted  in  fifteen  minutes/'"  "  There  was  a  scarcity  of  pro- 
visions," testified  the  "Acting  Adjutant -General  at  Chepachet," 
"  though  a  few  barrels  of  flour  and  beef  remained  when  the  camp 
broke  up."'^'^'  There  was  no  water  on  the  hill,  nor  was  there  an 
abundant  supply  in  the  neighborhood/^^^  Well  might  the  miHtary 
oflficers  hesitate. 

Nevertheless,  the  military  reasons,  though  evidently  sufficiently 
strong,  were  not  given  by  Governor  Dorr  or  his  officers  as  the 
true  cause  for  the  disbanding.  Dorr,  inconsistent  as  he  was  in 
many  ways,  was  always  consistent  in  his  intention  to  abide  by  the 
will  of  "  the  people."  Nothing  could  have  moved  him  but  the  be- 
lief that  a  "  majority  of  the  friends  of  the  people's  constitution  dis- 
approved of  any  further  forcible  measures  for  its  support."  When 
he  had  come  to  this  conclusion.  Governor  Dorr  gave  up  the  fight. 

The  People's  Governor  required  many  proofs  before  he  was  led 
to  the  belief  that  the  people  were  no  longer  with  him  ;  and  even 
his  former  associate  refused  him  further  support.  Perhaps  the  first 
light  that  broke  upon  the  Governor  came  from  a  card  that  appeared 
in  the  Newport  Mercitiy  of  Saturday,  and  w^is  copied  far  and 
wide;^*^^    it    was    signed    by    Dutee    J.    Pearce    and    five    others,   and 


(e)  !\T^.f,p^yf.(  Afi-rciny,  June  25,  1S42;  Provii/fin-,'  Journal,  ]m\e  27,  1S42;  A'cfii/^Iii,!):  llcralii. 
June  28,  1842  ;  MassucliKsetts  Spy,  June  2g,  1842. 

"  We  were  opposed  to  the  hostile  movements  recently  made  in  this  State  —  some  of  us  labored  hard 
to  prevent  them — we  are  now  opposed  to  any  movements  of  the  kind,  and  are  williny;  to  do  what  can 
well  be  required  of  us  to  suppress  them.  The  late  Act  of  the  Legislature,  providin<^  for  calling  a  Con- 
vention of  the  People,  in  most  of  its  provisions  meets  our  cordial  approbation,  and  taken  as  a  whole 
will  receive  our  support.  We  hope  our  political  friends  will  give  it  theirs.  We  who  are  members  of 
the  Legislature  under  the  people's  Constitution,  long  since  relinquished  all  idea  of  ever  again  taking 
our  seats  in  the  same  —  some  of  us  have  made  public  avowals  of  our  determination  upon  this  subject. 
We  are  of  opinion  that  under  existing  circumstances,  it  would  be  the  height  of  folly  for  that  legislature 
to  attempt  again  to  organize. 

''  {Sigmd),  Dutee  J.  Pearce,  Rober  R.  Carr,  Daniel  Hrown,  (leorge  C.  Shaw,  Sanford  Hell.  Benj. 
Chase. 

"Newport,  June  24,  1842." 


220  THE     DORR     WAR. 

stated  that  the  undersigned  were  opposed  to  any  hostile  movement 
and  were  wiUing  to  do  what  they  could  in  opposition  to  it.  On 
the  whole,  they  approved  the  act  of  the  Assembly  calling  for  a 
convention.  The  light  was  strengthened  by  another  card  which 
appeared  in  Monday's  Journal,  to  the  same  purport,  signed  by 
David  Daniels,  W.  S.  Burges,  and  more  than  a  dozen  others.  ^'^^ 
Even  the  Express  disapproved  of  his  proceedings. "^^^^ 

Furthermore,  the  number  of  men  that  came  to  his  support  was 
lamentably  small.  Fourteen  thousand  had  voted  for  the  constitu- 
tion, it  was  claimed,  but  only  a  few  hundred  would  take  up  arms 
for  it.  Thirty-five  hundred  Providence  citizens  had  cast  their  bal- 
lots in  favor  of  the  new  organic  law:  ten  officers  and  thirty-five 
men  came  from  that  city  to  uphold  their  Governor  at  Chepachet.  ^^^^ 
"  Since  the  people  have  deserted  us,  whether  from  cowardice  or 
otherwise,  and  gone  over  to  the  enemy,  giving  them   the  majority, 

'"  Providence  Journal,  June  27,  1842  ;   Repithlican  Herald,  June  28,  1842. 

"  Monday  morning,   [une  27,  1S42. 
"  I'o  the   Edilor  of  the  Journal : 

"  Dkar  Sir:  —  Will  you  have  the  goodness  to  insert  in  your  exinx  Journal,  the  enclosed  circu- 
lar, and  call  upon  all  who  have  advocated  the  suffrage  cause,  as  a  matter  of  principle,  to  manifest 
their  devotion  to  the  same,  by  sustaining  the  government  of  the  State,  against  all  force,  domestic  or 
foreign,  which  may  be  found  arrayed  against  it.  The  path  to  success  in  this  cause  is  nozv,  at  least, 
the  path  of  law  and  order. 

"  Yours  in  haste, 

"  W.   S.    15URGES. 

"'TO    THK    SUFFRAGE    MEN    OF    RHODE    ISE.VND. 

'■  '  Ihe  late  law  of  the  General  Assembly,  containing  in  our  opinions,  the  substance  of  what  we 
have  ever  contended  for,  we  heartily  recommend  its  provisions  to  the  candor  of  our  friends,  and  trust 
that  they  will  render  it  their  untlivided  support,  'rhe  use  of  force  in  opposition  to  the  Government 
is  NOT  to  be  tolerated — And  we  hope  that  the  feelings,  wishes,  and  opinions  of  the  undersigned,  may 
be  well  considered  by  those  who  would  now  oppose  the  present  e.xisting  government  of  the  State.'  " 

Signed  by  David  Daniels,  W.  S.  Hurges,  Hezekiah  Willard,  Adnah  Sacket,  A.  V.  Potter,  Silas 
Weston,  (ieorge  W.  Ham,  J.  W.  Anthony,  E.  Montgomery,  \Vm.  Hlanding,  Wm.  Wentvvorth,  Harvey 
Chaffee.  Leonard  A.  Stalley,  and  a  great  many  others. 


acotk's    hill.  221 

we  ought  not  to  contend  longer;  it  would  be  a  faction  against  the 
majority."  ^^"^ 

For  the  time,  Dorr's  letter  was  kej^t  secret  by  the  charter  authori-. 
ties;  although  in  the  city  and  throughout  the  entire  vicinity  the 
excitement  was  intense.''*'^'  Perhaj)s,  had  the  j)eople  understood  that 
all  danger  was  at  an  end,  Tuesday  would  have  been  a  quieter  day  ; 
and  the  charter  government  would  have  saved  itself  much  criti- 
cism. The  truth  was  that  the  charter  authorities  greatly  feared 
that  troops  were  preparing  to  come  from  other  States  to  assist  the 
People's  Governor.  To  be  sure,  probably  as  many  non-residents 
of  Rhode  Island  were  enrolled  among  the  charter  troops  as  came 
to  the  assistance  of  the  suffrage  army;  and  even  Major- General 
McNeill  did  not  claim  to  be  a  resident  of  the  State. '*'^'  Yet  Gov- 
ernor King  was  much  afraid  of  the  insurgents  "from  abroad,"  and 
Rhode  Island  was  almost  surrounded  by  other  States ;  hence  the 
military  authorities  thought  it  wise  to  station  guards  at  various 
points  along  the  border,  especially  at  the  Pawtucket  bridge  over 
the  Seekonk  river,  in  the  village  of  Pawtucket.  There  the  Kent- 
ish Guards  were  stationed  in  the  late  afternoon  of  Tuesday,  and 
travel  across  the  bridge  w^as  seriously  interrupted  during  the  even- 
ing, as  every  passer-by  was  halted  and  challenged.  Some  of  the 
malcontents,  who  had  not  shown  the  couraoe  of  their  convictions 
by  betaking  themselves  to  Chepachet,  were  ready  to  hoot  the  sol- 
diers, and,  perhaps,  threw  stones  at  them.  Naturally,  and  yet  in- 
excusably, the  soldiers  were  goaded  on  to  fire.  Who  fired,  or  why 
they  fired,  has  never  been  legally  ascertained ;  but,  inasmuch  as 
the  guns  were  all  loaded  with  ball,  and  these  must  hit  somewhere, 
three  people  were  shot,  all  of  them  on  the  Massachusetts  side  of 
the  bridge,  and  one,  Alexander  Kelby,  was  instantly  killed.  There 
is  no  evidence  that  any  of   these  men  had  given  any  cause  for  the 


222  THE     DORR     WAR. 

firing,  and  it  is  certain  that  Mr.  Kelby  had  but  just  come  from  his 
home  to  look  after  his  oldest  son,  who  had  been  called  out  by  the 
^commotion.  Had  the  letter  from  Governor  Dorr  been  published 
Tuesday  morning,  the  only  real  fatality  of  the  Dorr  rebellion  might 
have  been  avoided.  ^^^^ 


Ar  rnoKiriES  — 1  Burke's  Report,  756  :  Address  of  Dorr,  August,  1843.  2  Providence  Jour- 
nal, June  23.  1842.  3  I'itman.  Trial  of  Dorr,  45  :  Testimony  of  Silas  A.  Comstock  ;  'I'urner,  Trial 
of  Dorr,  18  ;  also  I^itman,  7'rial  of  Dorr,  35  :  Testimony  of  Hiram  Cliappel.  4  Providence  Jour- 
nal, June  25,  1842.  5  Burke's  Report,  756  :  Address  of  Dorr,  August,  1843.  (J  Providence 
Journal.  June  27,  1842.  7  Burke's  Report,  756:  Address  of  Dorr,  August,  1843.  S  Boston 
Saturday  Evening  Gazette,  June  25,  1842.  0  /'ro7'idence  Journal,  }une  22,.  1842.  10  Providetice 
Journal,  June  24,  1842.  11  Providence  Journal.  June  25,  1842.  12  Providence  Express,  June 
25,  1842.  13  Burke's  Report,  756  :  Address  of  Dorr,  August,  1843  14  J'rovidence  Journal, 
June  27,  1842.  1.5  Burke's  Report,  757  :  Address  of  Dorr,  August,  1843  16  Burke's  Report, 
759:  Address  of  Dorr,  August,  1843.  17  Burke's  Report.  341  :  Deposition  of  Jedediah  Sprague. 
18  Burke's  Report.  6qo  :  Depositions  of  Peclcham,  Harris,  and  Shelley;  Providence  Jour)ial,  June 
24,  1842.  10  Burke's  Report.  6q2  :  Deposition  of  Keep.  20  Burke's  Report,  688.  21  Burke's 
Report,  6S>S  :  Letter  of  Thomas  M.  Burgess,  Mayor  of  I^rovidence,  to  the  President;  Burke's  Rejort, 
689.  22  Burke's  Report,  694:  Letter  of  Colonel  IJankhead  to  the  Adjutant-General  of  the  United 
States.  23  Burke's  Report,  688.  24  Burke's  Report,  695.  25  Burke's  Report,  697.  2(» 
Boston  Saturday  Eveniiii^  Gazette,  June  25,  1S42.  27  Providence  Journal,  June  27,  1842.  28 
Boston  Satuiday  Evening  Gazette.  June  25,  1842.  2*)  Providence  Express.  June  27,  1842. 
30  Providence  Journal,  June  27,  1842.  31  Burke's  Report,  760:  Address  of  Dorr,  August.  1843. 
32  Burke's  Report,  761  :  Address  of  Dorr,  August.  1843.  33  Providence  Journal,  June  29,  1842. 
34  Burke's  Report,  760:  Address  of  Dorr,  August,  1843.  35  Burke's  Report,  307:  Deposition 
of  Walter  S  liurges.  36  Burke's  Report,  309  :  Deposition  of  Samuel  Low.  37  Providence  Jour- 
nal, June  29,  1842.  38  Phtrkc's  Report,  758:  Address  of  Dorr,  August,  1843.  3J)  Turner,  Trial 
of  Dorr.  25  :  'i'estimony  of  Dutee  J.  i'earce.  40  Pitman,  Trial  of  Dorr,  53  :  Testimony  of  Dutee 
J.  Pearce.  41  Burke' s  Report,  759:  Address  of  Dorr,  August,  1843.  42  Turner,  Trial  of  Dorr, 
27:  'Pestimony  of  William  H.  Potter.  43  Burke's  Report,  759:  Address  of  Dorr,  August,  1843. 
44  Providence  Plxpress,  June  23,  1842;  Pitman,  Trial  of  P>orr,  70:  Testimony  of  Charles  W. 
Carter.  45  Burke's  Report,  757  :  Address  of  Dorr,  August,  1S43.  46  Pitman,  Trial  of  Dorr, 
70:  'Pestimony  of  Carter.  47  J'rovidence  Journal,  June  29,  1S42.  48  'I'urner,  I'rial  of  J^orr, 
28  :  'I'estimony  of  Ceneral  William  Gibbs  McXeill.  49  Burke's  Report,  292-307  :  Depositions  of 
fifteen  persons;    Providence  Journal,   June  29.    1842;    Evening   Chronicle,    fuly  2,    1842. 


CHAPTER    XVIII. 


MARTIAL     LAW. 

"  A  I  ^HAT  old  fool  has  taken  away  more  lives  in  that  naked  coun- 
I  try  than  I  for  the  murder  of  my  father."  So  said  the  king,, 
of  England,  Charles  II,  of  Sir  William  Berkeley,  after  the 
suppression  of  Bacon's  Rebellion,  in  1677.  One  might  reasonably 
hope  that  the  charter  authorities  would  have  more  political  wisdom 
or  a  greater  humanitarian  spirit  than  the  bigoted  governor  of  Vir- 
ginia colony.  Unfortunately  the  historian  can  find  little  to  praise-^f 
among  the  happenings  of  the  month  following  the  fiasco  at  Acote's 
Hill.  Martial  law  ruled  the  State,  and  personal  passions  governed 
those  who  enforced  the  military  law.  From  June  26th  until  August 
8th  no  resident  of  Rhode  Island  might  consider  himself  or  his  prop- 
erty safe  if  he  belonged  to  the  supposed  majority,  the  fourteen 
thousand  who  were  said  to  have  voted  for  the  People's  Constitu- 
tion. Under  martial  law,  not  only  those  present  at  the  attack  on 
the  arsenal  and  those  with  Dorr  at  Chcpachet  were  liable  to  sudden 
arrest,  but  all  those  who  had  arms  in  their  possession,  or  who  had 
held  aloof  from  the  task  of  marching  against  their  neighbors  at 
Acote's  Hill.  Under  the  Algerine  law,  not  only  the  men  who  had; 
attempted   to    "exercise   any   of    the    legislative,    executive    or  minis- 


224  THE     DORR     WAR. 

terial  functions  "  of  any  ofifice  in  the  State,  but  also  all  those  who 
had  in  any  manner  signified  "  that  they  accepted  any  executive, 
legislative,  judicial  or  ministerial  office,"  as  well  as  the  moderators, 
wardens,  and  clerks  of  all  meetings,  to  elect  such  officers,  other 
than  those  held  "  in  the  manner,  for  the  purposes,  at  the  times, 
and  by  the  freemen,  by  law  prescribed,"  were  liable  to  fine  and 
imprisonment. 

JC  The  "  war,"  however,  was  over.  The  charter  government  knew 
positively  that  it  no  longer  had  any  danger  to  fear.  Governor 
Dorr  had  not  only  fled  again  from  the  State  and  had  ordered  his 
men  to  return  to  their  homes,  but  he  had  also  publicly  announced 
that  he  was  convinced  that  the  people  were  no  longer  with  him. 
There  existed  no  possibility  of  further  attempts  to  obtain  control 
of  the  government  by  force.  Dorr's  followers  at  A  cote's  Hill  were 
too  incensed  against  him  to  follow  his  lead  again,  even  if  he  were 
'\  foolish  enough  to  inaugurate  another  movement.  Harsh  action  by 
the  charter  government,  after  June  28,  1842,  could  not  be  justified 
on  the  ground  of  political  danger.  Nevertheless,  as  a  legal  justifi- 
cation for  all  it  did,  the  charter  government  referred  to  the  act 
declaring  martial  law,  which  had  been  proclaimed  by  the  Governor 
on   Sunday,  in   the  following   proclamation  : 

"  By  his  excellency  Samuel  Ward  King,  governor,  captain -gen- 
eral, and  commander-in-chief  of  the  State  of  Rhode  Island  and 
Providence   Plantations. 

"  A    Proclamation. 

"  Whereas  the  General  Assembly  of  the  said  State  of  Rhode 
Island  and  Providence  Plantations  did,  on  the  25th  day  of  June, 
A.   D.    1842,  pass  the  act  following,  to  wit: 


MARTIAL     l.AW.  225 


State  of  Rhode-Island  and  Provi- 

denee  Plantations. 
In  General  ^HHeitnhly^  June  Ses- 
sion^ 1842. 
An  Aet  establishing  martial  Lan 
in  this  State. 

Be  it  enactedby  the  General  •issemhly  as  follows : 
i§^ec.  1.  The  State  of  Rhode-Island  and  Pro- 
videncePlantafions,  is  hereby  placed  under  Mar- 
tial Law  ;  and  the  same  is  declared  to  be  in  fall 
force,  until  otherwise  ordered  by  th^  General 
Assembly,  or  suspended  by  Proclamation  of  his 
Excellency  the  Governor  of  the  iS^tate. 
True  copy— witness, 

HEillRY  BOWEN,  Sec'vy. 


WALL     PLACARD. 

(m;om    Cdi.i.i-xnoN,    kiiodk    island    hisiokkai.   scicif.t\-.) 


39 


226  THE     E(t)RR     WAR. 

"  '  AN    ACT    ESTABLISHING    MARTIAL    LAW    IN    THIS    STATE. 

" '  Be  it  ejiacted  by  the  General  Assembly  as  follows  : 

'"Section  i.  The  State  of  Rhode  Island  and  Providence  Plan- 
tations is  hereby  placed  under  martial  law,  and  the  same  is  declared 
to  be  in  full  force  until  otherwise  ordered  by  the  General  Assembly, 
or  suspended  by  proclamation  of  his  excellency  the  governor  of  the 
State : ' 

"  I  do  therefore  issue  this  my  proclamation,  to  make  known  the 
same  unto  the  good  people  of  this  State,  and  all  others,  that  they 
may  govern  themselves  accordingly.  And  I  do  warn  all  persons 
against  any  intercourse  or  connexion  with  the  traitor  Thomas  Wil- 
son Dorr,  or  his  deluded  adherents,  now  assembled  in  arms  against 
the  laws  and  authorities  of  this  State,  and  admonish  and  command 
the  said  Thomas  Wilson  Dorr  and  his  adherents  immediately  to 
throw  down  their  arms  and  disperse,  that  peace  and  order  may  be 
restored  to  our  suffering  community,  and  as  they  will  answer  to 
the  contrary  at  their  peril.  Further,  I  exhort  the  good  people  of 
this  State  to  aid  and  support,  by  example  and  by  arms,  the  civil 
and  military  authorities  thereof  in  pursuing  and  bringing  to  con- 
dign punishment  all  engaged  in  said  unholy  and  criminal  enterprise 
against  the  peace  and  dignity  of  the  State. 

"  In  testimony  whereof,  I  have  caused  the  seal  of  said 
State  to  be  afhxed  to  these  presents,  and  have 
signed  the  same  with  my  hand.  Given  at  the  city 
of  Providence,  on  the  26th  day  of  June,  A.  D. 
1842,  and  of  the  independence  of  the  United 
States   the  sixty- sixth. 

"SAMUEL    WARD    KING. 

"  By  his  excellency's  command : 

"  Henry   Bowen,  Secretary.'' ^'^'^ 


<*'  Burke  s  Report,  373.     It  will  be  noted  that  martial  law  was  declared,  not  by  the  military  gov- 
ernment, but  by  the  civil  ;  not  by  the  commander-in-chief,  not  by  the  Governor  of  the  State,  but  by  its 


MARTIAL     LAW.  227 

From  the  25th  of  June  until  the  8th  of  August,  the  act  declar- 
ing martial  law  remained  in  force ;  on  that  day  its  operation  was 
suspended  by  the  Governor  until  the  first  of  September;  and  on 
the  30th  of  August,  the  Governor  indefinitely  suspended  the  act, 
though  it  continued  on  the  statutes  unrepealed/'^  During  the 
forty  days  that  martial  law  was  in  full  operation,  the  people  of 
Rhode  Island  had  an  unexcelled  opportunity  to  ascertain  which  was 
preferable,  civil  or  military  rule.  Hundreds  of  men  were  arrested 
and  held  in  "  durance  vile ;  "  hundreds  of  houses  were  searched  for 
hidden  weapons,  or  men. 

The  number  of  persons  arrested  was  out  of  all  proportion  to  •:^ 
the  necessities  of  the  case.  Granting  that  there  were  two  hundred 
men  present  at  the  attack  upon  the  arsenal,  and  five  hundred,  all 
told,  at  Acote's  Hill,  we  can  count  but  six  hundred  in  all  as  in 
"armed  rebellion,"  for  at  least  one-half  of  the  two  hundred  were 
among  the  five  hundred ;  but  the  number  of  arrests  recorded  by 
the  partisan  Journal  counted  up  to  more  than   half  this  number."'^ 


legislature  ;  not  over  the  section  of  the  State  alone  in  which  the  civil  power  was  in  danger  of  being 
unable  to  cope  with  the  insurgents,  but  in  all  sections  of  the  State  ;  and  that,  though  it  might  be  sus- 
pended by  the  Governor,  it  would  even  then  hang  over  the  people  as  a  threat  until  repealed  by  the 
General  Assembly.  These  facts  show  plainly  that  the  Governor  of  Rhode  Island  practically  possessed 
only  ministerial  functions  ;  and  that  the  General  Assembly  was  all  powerful,  being  bound  by  no  "  Bill 
of  Rights."  It  is  of  interest  to  note  that  both  the  Freemen's  and  the  People's  Constitutions  contained 
in  their  "  Declarations  of  Rights"  a  section  declaring  that  "  The  military  shall  nhionys  be  held  in  strict 
subordination  to  the  civil  authority  "  (see  Appendi.xes  B  and  C)  ;  while  the  constitution  adopted  after 
the  long  experience  of  martial  law,  and  which  has  remained  the  organic  law  for  more  than  fifty  years, 
omitted  the  word  "always,"  and  added  a  clause,  so  that  the  section  reads:  "The  military  shall  be 
held  in  strict  subordination  to  the  civil  authority.  And  the  law  martial  shall  be  used  and  exercised  in 
such  cases  only  as  occasion  shall  necessarily  rajuire."     (See  Appendix   D.) 

^^^"^  Providence  Journal,  July  2,  4,  6,  7,  8,  9,  12,  13,  14,  16,  20,  23,  and  30,  1842.  T\\&  Jour- 
nal, on  the  14th,  stated  that  two-thirds  of  the  prisoners  had  been  discharged.  The  paper  had  printed 
lists,  perhaps  incomplete,  of  about  one  hundred  and  seventy  persons  who  had  been  discharged  ;  there- 
fore there  were  left  eighty-five  still  in  confinement.  The  Journal  proceeded  to  state  that  some  were 
discharged  before  the  examination  commenced,  and  it  therefore  supposed  that  "not  a  quarter  of 
those  who  had  been  taken  remained  in  confinement."  A  simple  example  in  arithmetic  :  four  times 
eighty-five  is  three  hundred  and  forty. 


228  THE     DORR     WAR. 

The  men  arrested  were  almost  entirely  from  the  northern  part  of 
the  State.  In  one  group  of  thirty-three  prisoners,  twenty-seven  were 
from  Providence  County,  five  from  the  adjoining  county  of  Kent, 
and  one  from  Boston.  *^^  Nearly  all  of  the  arrests  occurred  within 
a  week  after  the  march  to  Acote's  Hill,  though  martial  law  con- 
tinued in  force  more  than  a  month  after  the  last  arrest.  The  ex- 
amination of  the  prisoners  was  begun  early  in  July,  by  a  board 
of  three  commissioners,  appointed  for  this  special  purpose  by  the 
military  government. ^^-  The  number  was  later  increased  to  five,^^^ 
consisting  then  of  Elisha  Harris,  Stephen  Branch,  Alfred  Bosworth, 
Henry  L.  Bowen,  and  Joseph  M.  Blake.  ^^'  Some  of  the  prisoners 
were  discharged  before  the  regular  examinations  began,  which  lasted 
about  a  fortnight.  On  the  second  of  July,  forty- nine  were  dis- 
charged, and  twenty- eight  committed  for  trial.  Three  days  later, 
fourteen  were  discharged  and  fifteen  remanded.  The  next  day, 
twenty- eight  were  examined,  and  all  but  two  discharged.  This 
process  continued  until  July  13th,  when  one  hundred  and  sixty- 
nine  had  been  released,  leaving  about  eighty  in  confinement.  Dur- 
ing the  next  ten  days,  at  least  half  of  these  were  also  discharged. 
The  rest  awaited  the  meeting  of  the  grand  jury. 
•^The  charter  government  is  censurable,  not  only  for  the  exceed- 
ingly large  number  of  arrests,  but  for  the  indiscriminate  character 
of  the  arrests,  the  methods  of  making  them,  and  the  treatment  of 
the  prisoners  by  the  military,  and  for  the  sufferings  of  their  fami- 
lies, thus  suddenly  deprived  of  bread  winners.  A  few  illustrations 
may  be  given :     A   Providence  blacksmith  was  arrested,  at  his  home. 


''^'  One  of  these  commissioners,  a  Whig,  was  a  member  of  the  State  Senate.  One,  a  Democrat, 
was  elected  Representative  at  the  August  town  meeting  and  afterwards  served  eight  years  as  Attor- 
ney-(}eneral.  Another,  a  Whig,  was  a  Representative  at  the  time,  and,  in  October,  was  chosen 
Speal<er  of  the  House.  Another,  a  Democrat,  was  also  a  member  of  the  State  House  of  Kepresent- 
atives. 


MARTIAL     LAW.  229 

on  Saturday,  July  2d,  marched  through  the  streets  of  tlie  city  by 
a  band  of  twelve  men,  nine  of  whom  were  negroes,  and  confined 
in  the  armory  over  night;  Sunday  he  was  released  by  the  colonel, 
as  no  charges  were  made  against  him.'^^  A  farm  employee,  of 
Warren,  was  arrested  at  the  house  of  his  employer,  at  four  o'clock 
on  the  morning  of  the  29th  of  June,  kept  in  jail  seven  days,  ex- 
amined by  one  of  the  commissioners,  and  discharged  three  days 
later,  there  being  no  accusation  against  him,  unless  it  was  that  of 
being  employed  by  a  moderator  of  a  people's  town -meeting.'"'  A 
minister  in  the  town  of  Cumberland  was  eating  his  dinner,  on 
Thursday,  June  30th,  when  three  soldiers  burst  into  the  room  and 
searched  the  house ;  though  they  found  no  concealed  weapons,  they 
made  the  clergyman  a  prisoner  and  marched  him  to  a  tavern.  These 
soldiers  belonged  to  a  company  of  the  State  militia,  which  was  re- 
turning from  Woonsocket  to  Providence  with  twenty-one  prisoners. 
These  were  driven  the  twelve  miles  to  Providence,  in  front  of  the 
militia,  with  soldiers  in  each  wagon  guarding  the  prisoners  with 
muskets. ^'^  At  another  time,  more  than  a  hundred  prisoners  were 
marched  from  Chepachet  to  Providence,  tied  together  with  large 
bed -cords.  "  The  rope  was  passed  in  a  clove  hitch  around  each 
man's  arm,  passing  behind  his  back,  and  fastening  him  close  up 
to  his  neighbor;  there  being  eight  thus  tied  together  in  each 
platoon."(8) 

Naturally,  the  jail  and  prison  accommodations  in  Rhode  Island 
were  found  too  small  on  this  occasion.  It  causes  no  surprise  to 
find  that  sixteen  persons  were  confined  for  three  da3S  in  one  cell, 
twelve  feet  by  nine.*''  In  another  cell,  seven  by  ten,  fourteen  men 
were  confined. *^^  A  third,  containing  eight  persons,  gave  room 
enough  for  the  men  to  lie  down.*"*  The  prisons  of  those  days 
were  none  too  cleanly,  nor  were  the  cells  provided  with   too   much 


230  THE     DORR    WAR. 

fresh  air  during  that  month  of  July.  It  is  true,  as  William  H. 
Smith,  the  People's  Secretary  of  State,  was  assured,  ^^°^  that  prison 
cells  are  much  alike  ;  but  he  was  discontented  with  rooms  "  about 
nine  feet  square,  with  immense  blocks  of  rough -hewn  granite  for 
walls,  and  with  many  bolts,  bars,  rivits,  and  iron  doors  of  sufBcient 
strength  to  secure  the  most  ferocious  ruffian  that  ever  lived.""" 

The  period  of  arrest  under  martial  law  finally  passed,  the  civil 
law  again  became  supreme,  and  the  grand  juries  met.  Indictments 
were   brought  in   against   some   of    the    leaders    in   the    insurrection, 


^^-  JVo.    /0  6^  COMMISSIONERS'  OFFICE. 


^^auima  Me  zecenl  tndtiiieclio7i  tn  ihtd  K7^a/e,  tn  co7i/ozmdu.  {o  Ine  %^ci  c4 


^ ,  y^    c/r  •^'-^  ^  ^^  ^        -^  Commissioner. 

^^^      io  Stephen  Cahoone,  Esq..  General  Treasurer. 

ORDER    FOR    PAY    FOR   MILITARY    SERVICE. 

(collection     ok    CIIAKLKS    GORTON.) 

and  trials  were  at  last  held.  The  case  of  Joseph  Gavit,  of  Charles- 
town,  in  the  county  of  Washington,  may  be  taken  as  a  sample  of 
many  cases.  The  grand  jury  brought  in  a  true  bill  against  Mr. 
Gavit,  because  he,  "wickedly  devising  and  intending  the  subversion 
and  overthrow  of  the  government,  being  moved  and  seduced  by 
the  instigation  of  the  devil,  did  unlawfully,  maliciously,  and  traitor- 
ously assume  to  .exercise,  and  did  exercise,  the  functions  of  the 
office  of  member  of  the  House  of  Representatives,"  etc.     He  was  at 


MARTIAL     I. AW.  281 

once  arraigned  and  pleaded  "not  guilty."  His  case  was  continued 
until  the  November  term,  when  it  was  again  continued.  .After  the 
lapse  of  more  than  a  year  from  the  third  day  of  May,  1842,  the  day 
of  the  meeting  of  the  foundry  legislature,  the  newly-elected  Attor- 
ney-General decided  not  to  prosecute  the  case  further."-^ 
-/-The  cases  of  William  H.  Smith, "^^  of  Dutee  J.  Pearce,"'**  of 
Burrington  Anthony, ^^^^  of  Benjamin  Arnold,  Jr.,^'"^  as  well  as  of 
many  others,  would  provide  much  interesting  matter;  but  two  trials 
are  of  such  vital  importance  in  the  history  of  the  State,  and  the 
nation  as  well,  that  they  must  be  selected  for  special  consideration. 
When  Luther  M.  Borden  and  eight  other  men  broke  into  the  house 
of  Martin  Luther,  of  Warren,  early  in  the  morning  of  the  twenty- 
ninth  of  June,  they  little  thought  that  within  a  few  years  the  whole 
country  would  become  interested  in  the  great  case  before  the  United 
States  Supreme  Court,  entitled   Luther  versus  Borden."'* 

Martin  Luther,  a  shoemaker,  was  chosen  moderator  of  the  town 
meeting,  held  in  Warren,  April  i8th,  under  the  People's  Constitu- 
tion. Of  whatever  other  illegal  acts  he  may  have  been  guilty, 
serving  as  moderator  and  receiving  votes  contrary  to  the  "  Algerine 
Law"  were  the  only  crimes  for  which  he  was  indicted."^'  How- 
ever, when  martial  law  was  declared,  Luther,  on  the  advice  of 
friends,  quietly  crossed  the  border  to  Fall  River. "^'  While  he  was 
away  from  home,  nine  men,  headed  by  Luther  Borden,  armed  with 
an  order  from  Quartermaster  John  T.  Child,  broke  into  Luther's 
house  in  order  to  arrest  hin.  Unable  to  find  the  man  they  were 
after,  they  arrested  two  employees,  discourteously  treated  Luther's 
mother  and  other  members  of  the  household,  and  threw  the  house 
and  its  contents  into  o-eneral  confusion.     Luther  remained  in  Massa- 

O 

chusetts  until  after  the  election  of  April,    1843,   and   then  returned 
home.     Within  a  few  days  he  was  arrested  and  held  in  $2,000  bail. 


232  THE     DORR     WAR. 

He  was  duly  indicted  for  the  crime  of  acting  as  moderator,  tried, 
convicted,  and  sentenced  to  pay  a  fine  of  $500  and  costs,  and  to 
be  confined  in  jail  for  six  months. 

Claiming  a  residence  in  Massachusetts,  Luther  had  brought  an 
action  for  trespass  against  Borden  ct  al.,  in  the  United  States  Cir- 
cuit Court,  in  November,  1842.  The  plaintiff  presented  a  state- 
ment of  the  trespass,  which  the  defendants  did  not  deny,  but  which 
they  justified  under  martial  law.  The  plaintiff  then  presented  evi- 
dence to  prove  that  martial  law  had  been  illegally  declared,  as  the 
charter  government  had  expired  on  May  3d,  when  the  People's 
Constitution  went  into  effect ;  and  he  asked  the  court  to  instruct 
the  jury  that  the  People's  Constitution  was  in  full  force  in  June, 
1842,  and  that  "a  majority  of  the  free  white  male  citizens  of  Rhode 
Island,  of  twenty-one  years  and  upwards,  had  a  right  to  reassume 
the  powers  of  government  and  establish  a  written  constitution;  and 
that,  having  so  exercised  such  right,  the  pre-existing  charter  gov- 
ernment became  null  and  void."  Judge  Story,  ''pro  forma,  upon  the 
rf^  understanding  of  the  parties,  and  to  carry  up  the  rulings  and  excep- 
tions of  the  said  court  to  the  Supreme  Court  of  the  United  States, 
refused  to  give  the  said  instruction,  and  ruled  that  the  Q:overnment 
and  laws  under  which  "  the  defendants  acted  justified  their  action. 
Accordingly  the  jury  found  "  the  defendants  not  guilty  in  manner 
and  form  as  the  plaintiff  had  declared  against  them." 

The  famous  case  of  Luther  vs.  Borden  came  up  before  the 
Supreme  Court  of  the  United  States  at  the  1848  term.  The  coun- 
sel for  the  plaintiff  were  Benjamin  F.  Hallett,  of  Boston,  and  ex- 
Attorney- General  Nathan  Clifford,  of  Maine;  the  attorneys  for  the 
defense  were  John  Whipple,  of  Rhode  Island,  and  Daniel  Webster, 
of  Massachusetts.  The  case  was  argued  before  six  members  of  the 
bench,  Justices  Catron,  Daniel,  and  Mackinley  being  absent.      The 


MARTIAL     LAW.  233 

questions    at    issue    easily   resolved    themselves    into    the    one   point, 
<''namely,  the  determination  of  the  legal  government  in  Rhode  Island 
in  June,   1842. 

Mr.  Hallett  presented  three  questions  for  the  court  to  answer: 
"  Had  the  people  of  Rhode  Island,  in  the  month  of  December, 
1841,  without  the  sanction  of  the  Legislature,  a  right  to  adopt  a 
State  constitution  for  themselves,  that  constitution  establishincf  a 
government  republican  in  form,  within  the  meaning  of  the  Consti- 
tution of  the  United  States?  Was  the  evidence  of  the  adoption 
by  the  people  of  Rhode  Island  of  such  a  constitution,  offered  in 
the  court  below  by  the  plaintiff  in  this  cause,  competent  to  prove 
the  fact  of  the  adoption  of  such  constitution }  Upon  the  issuing 
of  the  proclamation  of  the  convention,  by  which  it  had  been  de- 
clared duly  adopted,  namely  on  the  thirteenth  day  of  January,  1842, 
and  the  acts  under  it,  did  not  that  constitution  become  the  supreme 
law  of  the  State  of  Rhode  Island  ? " 

<-  Supposing  these  questions  answered  in  the  aflfirmative,  then  the 
charter  government  was,  ipso  facto,  dissolved  by  the  adoption  of 
the  People's  Constitution  and  by  the  organization  and  proceedings 
of  the  new  government  under  the  same.  Consequently  the  act  of 
March,  1842,  "in  relation  to  offences  against  the  sovereign  power 
of  the  State,"  and  the  act  "declaring  martial  law"  passed  in  June, 
were  both  void.  The  act  of  June,  being  void,  afforded  no  justifi- 
cation for  the  acts  complained  of  in  the  plaintiff's  declaration,  and 
those  acts,  by  common  law,  amount  to  trespass. 

The  arguments  presented  by  Mr.  Hallett,  in  support  of  these 
positions,  have  been  frequently  referred  to,  earlier  in  this  work. 
The  speech  lasted  three  days,  and  covered  such  a  variety  of  topics 
that  even  the  official  Supreme  Court  Reporter  declared  himself 
"  much   at  a  loss    how   to    give   even   a  skeleton   of   the   argument." 


234  THE     DORR     WAR. 

<>- Mr.  Hallett  answered  the  questions  as  to  "What  is  a  State.?" 
"  Who  are  the  people  ? "  and  "  Where  resides  the  ultimate  power 
of  sovereignty .? "  He  upheld  the  right  of  the  people  to  establish 
eovernments.  He  declared  that  in  the  United  States  no  definite 
or  uniform  mode  had  ever  been  established  for  initiating  or  chang- 
ing a  form  of  State  government;  that  State  legislatures  had  no 
power  or  authority  over  the  subject  and  could  interfere  no  further 
than  to  recommend ;  that  the  great  body  of  people  may  change 
their  form  of  government  at  any  time,  in  any  peaceful  way,  and 
by  any  mode  that  they  for  themselves  determine  to  be  expedient ; 
that  even  when  a  subsisting  government  points  out  a  particular 
mode  of  change,  the  people  are  not  bound  to  follow  that  mode ; 
and  that  where  no  constitution  exists,  and  no  fundamental  law 
prescribes  a  mode  of  amendment,  they  must  adopt  the  mode  for 
themselves ;  and  that  the  mode  they  select,  when  adopted,  ratified, 
or  acquiesced  in  by  a  majority  of  the  people,  is  binding  upon  all. 
Mr.  Hallett  also  answered  the  question  as  to  when  a  constitution 
takes  effect,  discussed  in  full  the  difference  between  a  change  of 
government  and  a  revolution,  and  afifirmed  that  a  revolution  to 
change  the  form  of  a  State  government  was  impossible. 

y  Mr.  Whipple  declared  the  question  to  be  decided  to  be  "whether 
a  portion  of  the  voters  of  a  State,  either  the  majority  or  the  minor- 
ity, whenever  they  chose,  assembling  in  mass  meeting,  without  any 
law,  or  by  voting  where  there  is  no  opportunity  of  challenging 
voters,  may  overthrow  the  constitution  and  set  up  a  new  one." 
Mr.  Webster  devoted  his  attention  principally  to  an  examination 
of  one  question:  whether  the  Supreme  Court  could  take  judicial 
cognizance  of  the  questions  presented  in  the  record.  Mr.  Clifford 
spoke  solely  on  the  issue  whether  a  State  had  a  right  to  declare 
martial  law  or  not. 


MARTIAL    LAW.  235 

The  next  year  Chief  Justice  Taney  read  the  opinion  of  the 
Court.  On  the  new  and  grave  issue  presented,  the  existence  and 
authority  of  the  government  under  which  the  defendant  acted  was 
called  into  question.  The  Court  was  asked  to  review  the  action 
of  the  Circuit  Court  in  instructing  the  jury  that  the  charter  govern- 
ment  and    laws  were   in    full    force.      The   Chief    Justice   held    that 

v'  "Judicial  power  presupposes  an  established  government,  capable 
of  enacting  laws  and  enforcing  their  execution  and  of  appointing 
judges  to  expound  and  administer  them,"  and  that  "  the  accept- 
ance of  the  judicial  office  is  a  recognition  of  the  authority  of  the 
government  from  which  it  is  derived."  He  thus  upheld  the  posi- 
tion of  the  Supreme  Court  of  Rhode  Island,  that  it  could  not 
traverse  judicially  the  authority  of  the  government  under  which  it 

^acted.  The  Court  then  approved  the  instructions  of  the  Circuit 
Court,  on  the  ground  that  the  power  to  determine  that  a  State 
government  has  been  lawfully  established  is  not  one  of  the  powers 
which  the  courts  of  the  United  States  possess. 

j^  Thus  the  Supreme  Court  of  the  United  States  positively  re- 
fused to  decide  the  political  question,  but  held  that  whatever  State 
government  was  de  facto  in  power,  its  decisions  and  the  decisions 
of  its  courts  were  authoritative  in  the  courts  of  the  United  States. 
Had  the  People's  Constitution  prevailed;  had  the  government  or- 
ganized under  it  become  established ;  had  the  parties  opposed  to 
it  risen  in  rebellion;  had  martial  law  been  proclaimed  by  it;  and 
had  plaintiff  and  defendant  in  this  cause  occupied  each  other's 
places  —  CKief  Justice  Taney  must  have  decided  in  the  same  way 
and  thrown  out  the  case  as  not  within  the  authority  of  the  Court. 
<The  judicial  branch  of  the  national  government  thus  left  the  case 
to  Rhode  Island  itself,  just  as  the  legislative  department  had  prac- 


236  THE     DORR  WAR. 

tically  done,  and  as  the  executive  power  had,  fortunately,  been 
compelled  to  do  by  the  adverse  fortune  of  the  People's  Governor. 
y  A  point  argued  strongly  by  Attorney- General  Clifford  against 
the  right  of  the  State  government  to  declare  martial  law  received 
small  consideration  in  Taney's  opinion.  The  brief  space  devoted 
to  the  question  contained  little  else  than  the  decision  that  a  State 
may  unquestionably  use  its  military  power  to  put  down  an  armed 
insurrection  which   is  too  strong  to  be  controlled  by  the  civil  gov- 

(/-  ernment.  Mr.  Justice  Woodbury,  of  New  Hampshire,  considered 
that  this  matter  deserved  a  fuller  treatment  than  the  Chief  Justice 
had  given  it,  and,  therefore,  filed  a  strong  dissenting  opinion.  He 
agreed  with  the  Court  in  the  decision  of  the  political  question, 
but  could  not  justify  to  himself  the  ruling  that  martial  law  in 
Rhode  Island,  at  the  time  and  under  the  existing  circumstances, 
was  justifiable.  The  opinion  of  Mr.  Justice  Woodbury  in  the  case 
of  Luther  vs.  Borden  is  so  well  known  and  has  become  so  valuable 
an  authority  in  all  matters  relating  to  the  law  martial,  that  but  a 
brief  mention  is  needed  here.  After  producing  evidence  to  show 
that  the  Rhode  Island  government  did  not  practically  differ  from 
that  of  other  States  in  its  powers  over  martial  law,  the  judge  affirmed 
that  it  was  bold  doctrine  to  abolish  all  constitutional  restrictions 
even  in  time  of  war;  but  that  it  was  much  bolder  to  remove  them 

^  in  time  of  peace.  He  declared  that,  at  the  farthest,  martial  law 
could  only  be  declared  in  that  part  of  the  State  in  which  there  was 
an  insurrection  and  not  over  the  whole  State. ^^'  In  his  opinion, 
the  act  of  the  legislature  was  unjustifiable  from  all  points  of  view. 


C^  This  would  exempt  the  town  of  Warren. 

AuTHORniES.  —  1  Burkes  Report,  472;  Providence  Journal,  August  g  and  31,  1842;  Evening 
Chronicle,  August  9,  1842  ;  Republican  Htrald,  August  10.  1842  ;  A^ational  Intelligencer,  August  13, 
1842.        2  Providence  Journal,  July  2,  1842.        3  Providence  Journal,  July  4,  1842.        4  Providence 


MARTIAL    LAW.  237 

Journal^  July  I2,  1842.  5  Burke's  Report,  318  :  Deposition  of  Nathaniel  Knight.  (J  /iurkr's 
Report,  324  :  Deposition  of  Stafford  Healy.  7  Burke's  Report,  313  :  Deposition  of  Leonard  Wake- 
field. 8  Burke's  Report,  316:  Deposition  of  Henry  Lord.  9  Burke's  Report,  321  :  Deposition  of 
Otis  Holmes  10  Providence  Journal,  June  9,  1842.  11  Providence  Express,  June  18,  1842. 
12  Burke's  Report,  792  ;  Providence  Journal.  June  2.  July  8,  1842.  18  Burke's  Report.  771  ; 
Providence  Journal,  June  4,  9,  and  15,  1842.  14  Providence  Journal,  June  2,  1S42,  and  sut^se- 
quently.  15  Burke's  Report,  Tjd.  16  Burke's  Report.  786.  17  7  /foiuard,  i  ;  Hurke's  Report, 
357-473-  l*^  Burke's  Report,  800:  Indictment  of  Martin  Luther.  19  Burke's  Report,  322:  Deposi- 
tion of  Martin  Luther. 


238 


THE     DORR     WAR. 


N      V      \     1 


B¥  HIS  EXCELLEJVCY, 

SAMUEL  WARD  KING, 

GOVERNOR,  CAPTAIN-GENERAL,   AND   COMMANDER*-IN-CHIEF   OF  THE  STATE  OP 
RHODE-ISLAND  AND  PROVIDENCE  PLANTATIONS. 

A    PROCLAMATION. 

WHEREAS  on  the  eighth  day  of  June  instant,  I  issued  a  Proclama- 
tion, offering  a  reward  of  one  thousand  dollars  for  the  delivery  of  the  fu- 
gitive Traitor,  THOMAS  WILSON  DORR,  to  the  proper  civil  au- 
thority: and  whereas  the  said  Thomas  Wilson  Dorr  having  returned  to 
this  State  and  assumed  the  command  of  a  numerous  body  of  armed  men, 
in  open  rebellion  against  the  Government  thereof,  has  again^rf  the  sum- 
mary justice  which  awaited  him ;  I  do  therefore,  by  virtue  of  authority  in 
me  vested,  and  by  advice  of  the  Council,  hereby  offer  an  additional  reward 
of  four  thousand  dollars  for  the  apprehension  and  delivery  of  the  said 
Thomas  Wilson  Dorr  lo  the  Sheriff  of  the  County  of  Newport  or  Prov- 
idence, within  three  months  from  the  date  hereof. 

GIVEN  under  my  liand    and  the  seal  of  «aid  State,  at  the.  City  of 
providence,  this  twenty-ninrii  day  of  June,  in  the  ye  ir  of  our  Lord 
one  thousand  eight  hundred  and  forty-Two,  and  of  the  fndepen 
denco  of  the  United  States  of  America  the  sixty-sixth. 

r^^^  ^  SAMUEL  WARD  KING. 

m^^m^^  BY  im  EXCELLENCY'S  COMMAND: 
HEl^RY  BOWEIV,  Secretary  of  State. 


PROCLAMATION    OFKKRING    REWARD    FOR     DORR. 

(llKOWN     UNIVKKSITV     I.IIIKAKY.) 


CHAPTER    XIX. 


TREASON    AGAINST   A    STATE. 

BY  the  Algerine  Act,  Thomas  Wilson  Dorr  and  the  other 
executive  and  legislative  members  of  the  people's  govern- 
ment were  guilty  of  treason.  By  the  ordinary  "  Treason-: 
Act"  of  the  State,  Dorr,  Anthony,  and  others  were  guilty  of  high 
treason,  because  of  the  events  of  the  seventeenth  of  May.  War- 
rants for  the  arrest  of  these  "  traitors "  followed  quickly  after  the 
session*  of  the  foundry  legislature,  and  rewards  were  offered  for 
their  capture.  A  high  price  was  put  upon  Dorr's  head,  and  requi- 
sitions for  his  return  were  sent  to  the  Governors  of  the  neiofhbor- 
ing  States/'^  But  the  twenty- seventh  of  June  showed  Governor 
Dorr  to  be  the  arch -traitor,  if  there  was  treason  at  all,  and  every 
effort  was  put  forth  to  obtain  his  capture.  Though  he  was  "  broken 
down,  deserted  by  the  faithless  followers  of  a  faithless  leader,  and 
apparently  without  a  chance  of  recovering,"  yet  it  was  strongly 
felt  that  "  the  peace  of  the  State  would  not  be  secure "  until  he 
had  been  placed  under  arrest. '^^ 

But  neither  the  thousand -dollar  nor  the  five -thousand -dollar 
rewards  accomplished  the  desired  result.  Governor  Davis,  of  Mas- 
sachusetts, near  the  end  of  May,  honored  the  requisition  and  agreed 


240  THE     DORR     WAR. 

to  return  the  fugitive,  if  found  within  the  commonwealth.  Governor 
Seward,  of  New  York,  took  the  same  ground. ^'^^  Governor  Cleave- 
land,  of  Connecticut,  refused  to  honor  the  requisition.  Quoting 
the  clause  of  the  Constitution  of  the  United  States,  under  which 
the  requisition  had  been  made:  "A  person  charged  in  any  State 
with  treason,  felony,  or  other  crime,  who  shall  flee  from  justice 
and  be  found  in  another  State,  shall,  on  demand  of  the  executive 
authority  of  the  State  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  State  having  jurisdiction  of  the  crime, "^^^  he  made 
j/the  claim  that  this  provision  of  the  constitution  "was  intended  to 
facilitate  the  ordinary  administration  of  criminal  justice  in  the  sev- 
eral States  by  reclaiming  fugitives  from  the  justice  of  one  State 
to  another;  but  it  was  never  designed  to  affect  political  rights  or 
attain  political  objects." ^^^ 

The  refuge  in  Connecticut  was,  as  has  been  seen,  a  boon  to 
Dorr  in  his  preparations  for  the  battle  of  Acote's  Hill.  But  again 
he  fled,  and  again  rewards  were  offered  and  requisitions  prepared. 
In  August  it  was  positively  announced  that  Governor  Dorr  was  in 
Westmoreland,  New  Hampshire, ^^^  and  a  requisition  was  made  upon 
Governor  Hubbard,  of  that  State,  for  the  surrender  of  the  fugitive 
from  justice. ^"^  But  the  New  Hampshire  executive  was  of  a  like 
mind  with  Governor  Cleaveland,  and  declined  to  observe  the  explicit 
provision  of  the  Constitution  of  the  United  States.  ^^^  He  sent  a 
letter  of  explanation  through  the  mails,  addressed  to  "  His  Excel- 
lency Sam.  W.  King,  acting  as  Governor  of  Rhode  Island,"  which 
was  immediately  returned  unopened. ^^^  When  this  letter  saw  the 
light,  it  was  found  to  contain  three  reasons  for  the  refusal :  such  a 
requisition  should  come  from  the  rea/  Governor ;  political  offences 
are  not  referred  to  in  the  constitutional  provision;  and  the  "treason" 
of  the  clause   means   treason  against  the   United   States.*'*'^      In  the 


TREASON     AGAINST    A     STATE.  241 

light   of  later   events   we   can   but   wonder   whether   Governor    Hub- 
bard conferred  with  Governor  Dorr  before  giving  this  third  reason. 

^More  than  a  year  passed  before  Governor  Dorr  returned  to  -i 
Rhode  Island.  During  this  period  a  constitutional  convention 
adopted  a  new  constitution,  which  was  ratified  by  the  people.'"' 
In  April,  1843,  sixteen  thousand  five  hundred  and  twenty  votes 
were  cast  for  Governor,"-'  and  in  May  the  new  constitution  went 
into  effect.  August  loth,  1843,  the  People's  Governor  wrote  from 
Boston  an  open  letter,  an  "  A.ddress  to  the  People  of  Rhode 
Island." "^^  This  long  paper,  from  which  copious  extracts  have 
been  already  made,  reviewed,  in  Dorr's  masterly  style,  the  entire 
controversy  from  the  proposed  constitution  of  1824  through  the 
April  election  of  1843,  and  threw  the  failure  of  the  movement-/ 
upon  the  suffragists  themselves,  and  announced  that  he  proposed 
to  return  to   Rhode   Island  soon  after  the  August  elections."^* 

October  31st,  1843,  Thomas  Wilson  Dorr  quietly  entered  the 
City  Hotel,  in  Providence,  where  he  was  unable  to  obtain  accom- 
modations. He  stepped  across  the  street,  to  the  office  of  the 
Republican  Herald,  where  he  was  immediately  arrested  by  Jabez 
J.  Potter,  Deputy  Sheriff  of  Providence  county, "^^  under  an  indict- 
ment for  high  treason  made  by  the  grand  jury  of  Newport  county 
on  the  twenty-fifth  of  August,   1842.^^^ 

Mr.  Dorr  was  lodged  in  the  Providence  jail,  where  he  remained 
until  the  twenty- ninth  of  February,  1844,  when  he  was  taken  be- 
fore the  Supreme  Judicial   Court,  sitting  at  Newport.^'''     He  was  at 


(*'  Providence  Journal,  August  26,  1842.  At  the  same  time,  indictments  for  high  treason  were 
returned  against  Dutee  J.  Pearce.  Joseph  Joslin,  Daniel  Brown,  Seth  Luther,  Nathan  N.  Carpenter, 
John  Plain,  and  (jleorge  Frizzell. 

<'•>  Lawyer  Turner  prepared  and  published  a  pamphlet  of  116  pages,  entitled  "Report  of  the 
Trial  of  Thomas  Wilson  Dorr  for  Treason.  From  Notes  taken  at  the  time."  Joseph  H.  Pitman 
also  wrote  an  account  of  the  trial,  in  a  pamphlet  of  132  pages.  Mr.  Turner's  account  also  forms  a 
31 


242  THE     DORR     WAR. 

once  arraigned,  whereupon  he  denied  the  jurisdiction  of  the  court : 
the  offense  was  charged  to  have  been  committed  in  the  county  of 
<^'  Providence,  and  the  case  should  therefore  be  tried  there ;  the  pris- 
oner thereby  claiming  that  the  clause  of  the  Algerine  Act  per- 
mitting indictment  and  trial  in  a  different  county  from  the  one  in 
which  the  crime  was  committed  was  "  against  common  right,  un- 
constitutional and  •» void,"  Five  days  later,  Mr.  Dorr  waived  the 
question  of  jurisdiction,  being  desirous  of  avoiding  delay.  Without 
entering  here  into  the  legal  point  raised  by  this  plea  as  to  the 
jurisdiction,  it  may  be  said  that  Mr.  Dorr's  prosecution  would  doubt- 
less not  have  found  it  so  easy  a  matter  to  obtain  a  jury  in  Provi- 
dence county  to  convict  the  People's  Governor  as  they  did  in 
Newport   county. 

Governor  Dorr  plead  not  guilty,  and  the  trial  was  set  for 
April  26th,  1844.  The  case  came  before  the  entire  Supreme  Court, 
consisting  of  Chief  Justice  Job  Durfee  and  Associate  Justices  Levi 
Haile,  William  R.  Staples,  and  George  A.  Bray  ton.  ^^^  The  first 
step  in  order  was  the  selection  of  a  jury.  In  all,  one  hundred  and 
fifteen  men  were  examined  before  the  jury  of  twelve  was  obtained. 


portion  of  Burke  s  Report,  pages  865  to  1048.  Turner  and  Pitman's  reports  of  the  trial  contain  no 
important  inconsistencies  Turner  is  especially  complete  in  his  report  of  the  arguments  of  the  de- 
fense ;  therefore  his  account  is  by  far  the  more  valuable  and  is  here  the  more  frequently  quoted. 

'''  Judge  Durfee  will  be  remembered  as  having  given  the  famous  charge  to  the  grand  jury  at 
Bristol,  in  March,  1842.  He  was  first  appointed  to  the  bench  in  1S33,  and  was  made  Chief  Justice 
in  1835,  which  position  he  held  until  1848.  Judge  Haile  had  been  on  the  bench  since  1835,  and 
remained  a  judge  until  his  death,  in  1854.  Judge  Staples,  well  known  as  a  local  historian,  had 
served  since  1835,  and  continued  in  service  until  1856,  being  Chief  Justice  the  last  two  years  before 
he  resigned.  It  will  be  noted  that  these  three  men  also  formed  the  Supreme  Court  under  the  Peo- 
ple's Constitution,  by  the  act  of  the  Foundry  Legislature,  in  May,  1842.  Judge  Brayton  had  been 
added  to  the  court  on  the  inauguration  of  the  government  under  the  new  constitution,  in  June, 
1843  ;  he  remained  on  the  bench  until  his  resignation,  in  1874,  having  served  the  last  six  years  as 
Chief  Justice.  Under  the  charter,  the  judges  were  elected  annually  by  the  legislature  ;  under  the 
new  constitution  they  were  chosen  for  life,  being  removable  only  by  majority  of  the  members  of 
each  house  or  by  impeachment. 


TREASON    AGAINST    A    STATE.  243 

The  defendant  was  allowed  twenty  peremptory  challenges,  all  of 
which  he  used;  and  eighty- three  men  were  set  aside  because  they 
had  formed  and  expressed  an  opinion  of  the  guilt  or  innocence  of 
the  prisoner. 

Among  the  questions  proposed  by  the  Attorney-General  to  be 
asked  of  the  panel,  two  were  objected  to  by  the  defendant.  The 
first  was  "  Did  you  vote  for  the  said  Thomas  Wilson  Dorr  for 
Governor,  at  the  election  on  the  i8th  of  April,  1842?"  The  other 
was  "  Have  you  formed  the  opinion  or  do  you  believe  that  said 
Dorr  was  the  Governor  of  this  State,  or  authorized  to  exercise  the 
duties  of  Governor,  at  any  time  between  the  i6th  day  of  May, 
1842,  and  the  28th  of  June,  1842?"  Counsel  for  the  defendant 
claimed  that  these  questions  would  insure  "  a  partial  jury  of  politi- 
cal opponents."  The  court  took  the  matter  under  deliberation  and, 
being  equally  divided  in  their  opinion,  did  not  permit  the  questions 
to  be  put.  It  may  be  well  to  add  here,  however,-  that  the  twelve 
jurymen  were  to  a  man  Algerines  and  Whigs,  and  that  but  three 
of  the  entire  panel  of  118  belonged  to  the  Democratic  party,  which 
at  this  time  was  practically  a  Dorrite  party. 

Joseph  W.  Blake,  Attorney- General,  appeared  for  the  State, 
assisted  by  Alfred  Bosworth,  of  Warren.  Samuel  Y.  Atwell,  the 
principal  counsel  for  the  defense,  was  absent  on  account  of  illness ; 
therefore  Mr.  Dorr  conducted  his  own  case,  assisted  by  George- 
Turner,  of  Newport,  and  Walter  S.  Burges,  of  Providence.  The 
first  witness  was  examined  on  Tuesday,  April  30th,  and  the  last 
on  May  3d ;  Mr.  Turner  occupied  Friday  afternoon,  the  entire 
day  Saturday,  and  Monday  forenoon  in  -his  address  to  the  jury, 
though  some  of  his  time  was  yielded  to  the  defendant.  Mr.  Dorr's 
closing  argument,  the  pleading  of  the  Attorney- General,  and  the 
charge    to    the   jury   by   Chief    Justice    Durfee    completed    the    day : 


244  THE     DORR     WAR. 

the  jury  brought  in  its  verdict  at  two  o'clock,  Tuesday  morning. 
The  testimony  of  the  witnesses  is  valuable  only  in  clearing  up 
certain  points  in  the  narrative  of  the  "war,"  and  has  been  freely 
drawn  upon  for  this  purpose.  There  was  no  attempt  on  the  part 
of  the  defense  to  deny  any  of  the  facts ;  it  merely  sought  to  show 
justification. 

The  counsel  for  the  defense  proposed  five  points  upon  which 
the  prisoner  would  rest  his  case.  Two  of  the  points  related  to  the 
Algerine  Act.  One  claimed  that  indictments  must  be  found  in 
the  county  in  which  the  crime  was  committed:  the  court  declined 
to  hear  arguments  on  this  point,  inasmuch  as  they  had  already 
expressed  an  adverse  opinion  in  a  previous  case.  The  other  point 
was  that  such  indictment  must  at  least  be  tried  in  such  county: 
this  the  court  also  set  aside  as  having  been   previously  decided. 

A  third  point  made  was  that  the  defendant  committed  no  treason, 
inasmuch  as  he  performed  the  acts  in  his  capacity  as  Governor 
of  the  State.  The  court  asked  for  testimony  to  this  fact.  Mr. 
Turner  first  proposed  to  prove  by  authorities  that  a  constitution 
was  adopted  and  a  Governor  duly  elected,  and  he  offered  the  votes 
of  the  people  in  proof  of  the  adoption.  Mr.  Dorr  offered  to  call 
each  of  the  fourteen  thousand  voters  separately  before  the  court 
in  proof.  Chief  Justice  Durfee  refused  to  permit  such  testimony 
to  go  to  the  jury:  the  point  had  already  been  decided  in  a  pre- 
vious case ;  the  court  could  recognize  no  other  constitution  than 
that  under  which  it  held  its  existence;  numbers  were  nothing;  the 
legality  only  of  the  proceeding  must  be  examined ;  and,  "  if  the 
prisoner  was  governor  of  the  State,  the  evidence  of  it  is  a  certifi- 
cate of  record  from  the  proper  officer."  In  this  connection  the 
defense  asked  permission  to  argue  the  question  before  the  jury. 
This  was  in  accordance  with  the  idea  in   the   People's  Constitution 


TREASON     AGAINST     A     STATE.  246 

that  "  in  all  criminal  cases,  the  jury  shall  judge  both  of  the  law 
and  the  facts." ''•'^  The  court  could  hardly  do  otherwise  than  refuse 
such  a  request,  especially  as  the  new  constitution,  under  which  the 
Court  existed,  expressly  provided  that  the  "judges  of  the  Supreme 
Court  shall,  in   all  trials,  instruct  the  jury  in    the  law."^''^^--' 

A  fourth  point  insisted  upon  by  Governor  Dorr  and  his  coun- 
sel was  evidently  the  most  important  one.  It  was,  in  substance,  the 
third  reason  given  by  Governor  Hubbard,  of  New  Hampshire,  for 
not  honoring  the  requisition  of  Governor  King.  "  In  this  country," 
Mr.  Turner  claimed,  "treason  is  an  offense  against  the  United 
States  only  and  cannot  be  committed  against  an  individual  State." 
The  prisoner  stated  it  thus :  "  The  argument  is  that  treason,  which 
is  defined  by  the  Constitution,  and  punished  by  the  laws,  of  the 
United  States,  excludes  all  separate  State  treasons,  even  if  the  ex- 
clusion be  not  in  express  terms." 

Mr.  Turner,  in  his  plea,  entered  into  an  elaborate  examination 
of  the  authorities  relating  to  treason  ;  he  quoted  from  Coke,  Hale, 
Hawkins,  Foster,  Blackstone,  Burlamaqui,  Tucker,  Patterson,  Burgh, 
Locke,  Story,  Hamilton,  Iredell,  Wilson,  Jay,  Marshall,  and  Madison, 
to  show  that  treason  was  an  offense  committed  against  the  ''jura 
summa  imperii','  or  the  rights  of  sovereignty,  and  that,  in  the 
United  States,  sovereignty  resided  in  the  people  of  the  United 
States  —  not  in  the  people  of  any  individual  State.  He  admitted 
that  each  State  was,  for  certain  purposes,  sovereign  within  itself; 
but  he  affirmed  that,  in  other  matters,  the  several  States  had  yielded 
their  sovereignty  to  the  United  States.  Rhode  Island  could  not 
declare  war  or  contract  alliances ;  she  could  not  send  ministers 
abroad  or  receive  foreign  ministers ;  she  could  not  raise  nor  main- 
tain armies ;  she  could  not  coin  money  nor  regulate  the  currency  ; 
neither  could  she,  constitutionally,  punish   as  treason   any  act  done 


246  THE     DORR     WAR. 

toward  herself  as  a  State.  The  Constitution  of  the  United  States 
distinctly  defines  treason  against  the  United  States,  and  grants  to 
Congress  the  power  to  declare  the  punishment  for  treason;  there- 
fore, by  implication,  the  States  gave  up  their  right  to  try  citizens 
for  treason. 

Mr,  Turner  next  discussed  the  question  whether  the  State  con- 
stitutions contained  clauses  concerning  treason  against  the  indi- 
vidual State  or  not.  He  announced  that  such  a  clause  was  not 
inserted  in  any  State  constitution  adopted  prior  to  1812;  and  that 
in  1842  it  was  to  be  found  in  but  nine  of  the  fundamental  laws  of 
the  twenty- six  States  then  forming  the  Union.  When  asked  if 
there  were  no  treason -statutes  in  any  of  the  other  States,  he  an- 
swered that  he  did  not  know.  Finally  Mr.  Turner  turned  his 
attention  to  the  provision  in  the  Constitution  upon  which  State 
Governors  have  based  their  demand  upon  other  executives  for  a 
return  of  a  fugitive  from  justice.  He  claimed  that  this  clause  was 
borrowed  from  the  Articles  of  Confederation :  it  was  then  proper, 
since  the  States  still  retained  their  sovereignty;  and  necessary  for 
their  security  against  offenders.  "  Under  the  Constitution,  treason 
against  the  United  States,  over  which  the  courts  of  the  United 
States  had  jurisdiction,  might  be  committed  in  one  State  and  the 
person  charged  might  flee  into  another,  as  before ;  but  there  is  no 
provision  in  the  Constitution  for  the  arrest  of  the  person  so  escap- 
ing and  his  return  to  the  State  where  the  act  was  committed,  and 
where  alone  he  must  be  tried,  unless  it  be  the  clause  in  question. 
So  that  the  construction  of  this  clause  is  not  necessarily  limited, 
by  terms,  to  State  offences  as  distinguished  from  United  States 
offences." 

Governor  Dorr  presented  another  view  of  the  meaning  and 
raison   d'ilire  of   this    provision.      In   his    view,    at    the   time   of    the 


TREASON     AGAINST    A    STATE.  247 

adoption  of  the  Constitution  of  the  United  States,  treason  could 
be  committed  against  the  individual  States.  "  Now,  as  the  Consti- 
tution contemplated  no  such  apparatus  of  circuits  and  districts  as 
was  afterwards  provided  by  Congress,  and  as  the  offense  could  only 
be  punished  in  the  State  where  it  was  committed,  the  Constitution 
could  not  otherwise  provide  than  for  the  return  of  the  fugitive  to 
that  State.  Does  it  involve  an  inconsistency  to  suppose  that  the 
framers  of  the  Constitution  then  had  in  view  the  punishment,  in 
and  by  a  State,  of  the  offense  of  treason,  which  they  had  estab- 
lished and  which  had  been  so  punishable  before.'*  When  the  courts 
of  the  United  States  were  afterwards  established,  a  mode  was  pro- 
vided, through  the  warrant  of  a  United  States  judge,  for  transfer- 
ring a  person  so  charged  to  the  State  where  the  offense  had  been 
committed."  Therefore,  Mr.  Dorr  implies,  though  not  in  distinct-:^" 
words,  that  the  word  "  treason "  in  this  clause  under  discussion 
meant  "  treason  against  the  United  States,"  now  punishable  by  the 
federal  government. 

Mr.  Bosworth,  for  the  prosecution,  very  briefiy  presented  the 
arguments  for  the  State.  He  admitted  the  position  taken  by  Mr. 
Turner  as  to  the  nature  of  treason  and  sovereignty  in  the  United 
States.  He  denied,  however,  that  the  whole  people  of  the  United 
States  were  sovereign  in  Rhode  Island,  contending  that  each  State 
was  still  sovereign  in  every  matter  which  had  not  been  distinctly 
yielded  to  the  United  States.  Without  the  power  to  punish  acts 
which  amount  to  treason,  a  State  cannot  protect  itself.  "  Treason 
may  as  well  be  committed  against  a  State  as  against  the  United 
States;  and  the  power  of  punishing  it  has  not  been  surrendered  to 
the  United  States."  Swift,  Story,  Dane,  Tucker,  Rawle,  and  John- 
son all  regard  treason  against  a  State  as  possible.  Attorney- Gen- 
eral  Blake   was   prepared   to  argue  the   matter  still  further,  but  was 


248  THE     DORR     WAR. 

informed   by  Chief   Justice   Durfee  that  it  was   unnecessary  to  take 
more  time  ;  the  Court  was  unanimous  on  that  point. 

J  The  Chief  Justice,  in  giving  his  charge  to  the  jury,  did  not 
permit  them  to  misunderstand  the  position  of  the  Court.  The 
question  whether  the  crime  of  treason  could  be  committed  against 
one  of  the  States  of  the  Union  was  one  of  mere  constitutional 
law,  and  one  for  the  Court  alone  to  decide.  "  As  the  organ  of  the 
court,  I  say  to  you,  gentlemen,  that  wherever  allegiance  is  due 
there  treason  may  be  committed.  Allegiance  is  due  to  a  State 
and  treason  may  be  committed  against  a  State  of  this  Union." 
Chief  Justice  Durfee  called  attention  to  the  "fugitive  from  justice" 
provision  of  the  Constitution  of  the  United  States,  and  claimed 
that  it  recognized  the  possibility  of  treason  against  a  State  "  by  an 
implication  too  strong  to  be  resisted."  The  organized  sovereign 
people  of  Rhode  Island,  in  the  opinion  of  the  Court,  had,  through 
its  legislative  body,  declared  what  treason  against  the  State  should 
mean ;  "  this  law  is  constitutional  and  binding  on  all ;  the  sovereign 
authority  of  this  State  is  such  that  treason  can  be  committed 
against  it." 

y  As  has  been  seen.  Governor  Dorr  and  his  counsel  based  their 
arguments  primarily  on  the  impossibility  that  a  person  should  be 
guilty  of  treason  against  two  governments  at  the  same  time.  In 
the  Federal  Convention  discussion  over  the  treason  provision  of 
the  proposed  constitution  brought  out  similar  ideas.  Dr.  Johnson 
contended  that  treason  could  not  be  both  against  the  United  States 
and  individual  States,  "  being  an  offence  against  the  sovereignty, 
which  can  be  but  one  in  the  same  community."  Mr.  Madison 
also  feared  that  to  leave  the  individual  State  "  in  possession  of  a 
concurrent  power  might  involve  double  punishment."  Gouverneur 
Morris  proposed   that  the   United   States   be  given  exclusive  power 


TRKASON     A(;AINST     A     STATE.  241) 

to  declare  what  should  be  treason.  On  the  other  hand,  Colonel 
Mason  suggested  that  the  United  States  would  have  a  qualified 
sovereignty,  and  the  individual  States  would  retain  a  part  of  their 
sovereignty,  so  that  an  act  might  be  treason  against  a  ])articular 
State  which  would  not  be  treason  against  the  United  States.  When 
Mr.  King  asserted  that  no  line  could  be  drawn  against  levying 
war  against  the  United  States  and  against  an  individual  State,  Mr. 
Sherman  answered  that  resistance  against  the  laws  of  a  particular 
State  might  be  different  from  resistance  against  the  laws  of  the 
United  States;  and  Mr.  Ellsworth  added  that  the  Union  and  the 
individual  States  ought  each  to  have  power  to  defend  their  respect- 
ive sovereignties.  Though  Madison  and  Morris  persisted  in  declar- 
ing their  fear  of  a  double  punishment  if  the  provision  was  left  as 
proposed,  the  convention  voted  that  the  clause  should  read,  "  Treason 
against  the  United  States  shall  consist  only  in  levying  war  against 
them,"  etc.^'^^  A  candid  reading  of  the  discussion  can  lead  only 
to  the  conclusion  that  though  some  of  the  members  of  the  con- 
vention did  not  believe  that  a  man  could  be  guilty  of  two  treasons 
at  the  same  time,  yet  that  the  convention  did  not  consider  that 
the  clause  which  they  discussed,  as  finally  worded,  excluded  the 
possibility  of  treason  against  a  State. 

Mr.  Turner's  argument  that  the  individual  States  had,  by  im- 
plication at  least,  yielded  their  sovereignty  in  the  matter  of  treason, 
just  as  they  had  yielded  it  in  other  points,  meets  with  another  dif- 
ficulty. Not  only  does  the  Constitution  of  the  United  States  give 
the  power  to  make  treaties  to  Congress,  but  in  another  place  it 
distinctly  takes  it  away  from  the  States :  not  only  does  it  place 
the  laying  of  import  duties  in  the  hands  of  the  national  legislature, 
but  it  directly  denies  to  each  State  the  power  to  levy  such  duties. 
On   the   other   hand,   in   defining   treason   and   authorizing   Congress 


2-")()  THE     DORR     WAR. 

/-  to  declare  its  punishment,  it  distinctly  speaks  of  treason  "  against 
the  United  States,"  and  nowhere  intimates  that  the  power  to  pun- 
isli   treason  against  a  State  did  not  still  belong  to  such  State. 

Mr,  Turner's  point  that  the  original  State  constitutions  did  not 
contain  a  treason  clause,  and  that  but  nine  of  the  twenty-six  State 
constitutions   did   contain   such   clause,   was   of   but    little   account. ^*^^ 

"^  Though  it  is  true  that  sixteen  State  constitutions  did  not  contain 
the  clause  in  1842  (one  of  these  being  the  Rhode  Island  charter), 
it  is  also  true  that  most,  if  not  all,  of  these  States,  Rhode  Island 
included,  did  contain  a  statutory  provision  defining  treason. ^^'^  More- 
over, it  was  the  consensus  of  opinion  among  the  constitutional  au- 
thorities that  treason  was  a  common -law  offense  in  each  State, 
and  therefore  no  constitutional  or  statutory  enactment  was  needed. 
Dr.  Wharton  upholds  Judge  Story's  charge  to  the  grand  jury  in 
Rhode  Island,  in  1842,  in  which  the  proposition  was  advanced 
that  treason  must  be  an  offense  against  a  State  unless  the  object 
of  levying  war  be  manifestly  for  some  matter  of  a  general  concern 
to  the  United  States;  and  he  quoted  Judge  Tucker  to  the  same 
effect. ^'^^  Dr.  Wharton  also  declared  that  "the  course  of  practice 
adopted  at  the  time  of  the  formation  of  the  Federal  Constitution, 
when  the  attention  of  the  judiciary  was  closely  called  to  the  bound- 
aries of  national  and  State  sovereignties,  and  pursued  to  the  pres- 
ent day,  is  to  recognize  levying  war  against  a  State  as  forming  a 
State  offense,  cognizable  in  a  State  court,  and  punishable  by  State 
authority."  <2^^ 


''"  Mr.   Turner  was  usually   quite  correct  in   his  statements  of  facts,  but   lie  was  in   error  here, 
for  he  omitted  the  constitution  of  Maine  from  his  list. 

'''>  In  ascertaining  these  facts,  all  the  constitutions  of  every  State  have  been  examined  and  the  stat- 
utes of  ten  of  the  States  which,  in  1842,  did  not  contain  a  treason  clause  in  their  constitutions. 


TREASON    AGAINST    A    STATE.  251 

Sergeant,  in  his  Constitutional  Law,  published  in  1822,  holds 
that  treason  against  a  State  may  be  committed  by  an  open  and 
armed  resistance  to  the  laws  of  a  State  or  a  combination  and  for- 
cible attempt  to  overturn  or  usurp  the  government. '^'^  Rawle's  View 
of  the  Constitution,  published  in  1829,  took  the  same  ground: 
"Similar  acts  committed  against  the  laws  or  government  of  a  par- 
ticular State,  are  punishable  according  to  the  laws  of  that  State, 
but  do  not  amount  to  treason  against  the   United  States." '"'^^ 

The  lawyers  in  this  case  of  Rhode  Island  versus  Thomas  Wilson  4- 
Dorr  had  but  few  precedents  upon  which  to  base  their  arguments. 
During  the  course  of  the  second  war  with  England,  an  attempt 
was  made  to  try  a  citizen  of  New  York  for  treason  against  that 
State.  The  Supreme  Court  quashed  the  indictment  on  the  ground 
that,  in  case  of  war  between  the  United  States  and  a  foreign  nation, 
giving  aid  and  comfort  to  the  enemy  was  treason  against  the  United 
States  and  not  against  the  State  of  which  the  party  was  a  citizen. 
At  the  same  time  the  Court  declared  that  treason  might  be  com-^ 
mitted  against  a  State  by  an  open  opposition  to  its  laws.^^^^  As 
far  as  has  been  ascertained,  after  careful  investigation,  this  case  of 
Lynch  in  New  York  alone  preceded  the  case  of  Dorr  in  Rhode 
Island :   the  third  known  case  was  that  of  John   Brown,  in  Virginia. 

Had  President  Tyler  sent  military  assistance  to  Governor  King, 
and  had  Governor  Dorr  in  his  armed  resistance  to  the  charter 
government  come  into  opposition  to  the  federal  soldiers,  the  case 
would  have  been  different.  The  crimes  alleged,  under  such  cir- 
cumstances, would  have  been  treason  against  the  United  States 
and  not  treason  against  the  State  of  Rhode  Island.-^'  President < 
Tyler's  conservatism  saved  Governor  Dorr  from  this  issue,  but  it 
ought  not  to  have  saved  him  from  all  accountability  for  his  course. 
Trial  for  treason  against  the  State  properly  followed  acts  in  oppo- 


252  THE     DORR     WAR. 

sition  to  the  government  of  the  State.  The  plea  that  he  com- 
mitted no  treason  against  the  United  States  should  not  exempt 
him  from  the  natural  consequences  of  his  movements  in  Rhode 
Island.  Besides,  treason  against  a  State  "  is  recognized  as  having  a 
substantive  and  independent  existence  in  that  clause  of  the  federal 
constitution  which  provides "  for  the  return  of  the  fugitive  from 
the  justice  of  a  State,  charged  with  treason  against  that  State.  ^"^''^ 
The  attempt  of  Turner  and  Dorr  to  explain  away  the  word  "  trea- 
son "  in  that 'clause  as  not  meaning  treason  against  a  State  was 
pettifoggery. 

The  four  points  so  far  discussed  were  legal  questions  which 
the  Court  promptly  ruled  out,  and  which  therefore  did  not  go  to 
the  jury.  A  fifth  point  of  defense  was  that  the  evidence  did  not 
support  the  charge  of  treasonable  and  criminal  intent  on  the  part 
of  the  defendant.  Mr.  Turner  argued  that  Governor  Dorr  pro- 
ceeded justifiably  and  from  a  high  sense  of  duty ;  that  the  whole 
evidence  showed  that  throughout  he  acted  without  traitorous  intent, 
believing  himself  to  be  in  the  right.  It  need  hardly  be  added  that 
this  was  undoubtedly  true.  However,  in  the  charge  to  the  jury, 
the  Court  removed  whatever  hope  the  prisoner  might  have  had, 
-i  by  saying:  "It  may  be  that  he  really  believed  himself  to  be  the 
Governor  of  the  State  and  that  he  acted  throuo^hout  under  this 
delusion ;  however  this  may  go  to  extenuate  the  offense,  it  does 
not  take  from  it  its  legal  guilt."  Finally  the  court  simplified  the 
whole  matter  for  the  jury  by  stating  that  if  they  believed,  "  by  the 
testimony  of  two  or  more  witnesses,  or  by  confession  in  open  court," 
that  the  prisoner  made  a  military  demonstration  at  Providence 
against  the  arsenal,  or  that  he  commanded  an  armed  force  at  Che- 
pachet  with  the  avowed  object  of  overturning  the  existing  govern- 
ment, then  it  was  their  duty  to  return  a  verdict  of  guilty. 


TREASON    AGAINST    A     STATE.  253 

Evidently  there  was  but  one  thing  for  the  jury  to  do.  "  The- 
court  made  everything  plain  for  us,"  said  one  of  the  jurymen  after- 
wards. The  jury  agreed  upon  the  verdict  at  once.  They  retired 
at  eleven  on  Monday  evening,  and,  "waiting  for  the  crowd  to  dis- 
perse," brought  in  the  verdict  of  guilty  at  two  o'clock,  Tuesday 
morning.  May  7th.  Eight  days  later  counsel  Turner  brought  in  a 
bill  of  eighteen  exceptions  and  a  motion  for  a  new  trial.  The 
exceptions  were,  some  of  them,  trivial  or  technical,  such  as  the 
usual  charges  of  misconduct  in  obtaining  the  jury,  and  of  improper 
admission  of  evidence,  and  errors  in  the  rulings  of  the  Court  on 
the  legal  questions  presented:  more  important  was  the  claim  for 
the  admission  of  testimony  to  show  that  the  prisoner  was  legally 
entitled  to  do  what  he  did ;  that  treason  was  an  offense  against 
the  United  States  only;  that  the  Algerine  Act  was  unconstitu-, 
tional ;  and  that  the  jury  must  consider  the  question  of  intent  on 
the  part  of  the  prisoner. 

June  loth  the  Court  met  to  hear  arguments  on  the  motion  for 
a  new  trial.  For  three  days  Mr.  Turner  argued  at  length,  taking 
up  each  exception  in  order;  the  Attorney-General  briefly  replied, 
and  the  Court  took  the  matter  under  advisement.  On  the  four- 
teenth the  Court  stated  that  the  motion  for  a  new  trial  was  denied. 
Mr.  Turner  then  read  a  motion  in  arrest  of  judgment  on  the  ground 
that  the  trial  was  held  in  Newport  county.  He  argued  the  point 
fully;  the  Attorney- General  answered  in  brief;  and  Mr.  Atwell, 
present  for  the  first  time,  made  a  final  plea  in  behalf  of  his  client. 
June  24th  the  Court  denied  the  motion  in  arrest  of  judgment,  and 
the  next  morning  the  Attorney -General  demanded  the  sentence. 
The  prisoner  was  permitted  to  address  the  Court,  when  asked  why 
sentence  should  not  be  pronounced  upon  him,  and  made  an  able 
reply,   bringing    out    in    brief    but    telling   paragraphs    his    criticisms 


254  THE     DORR    WAR. 

of  the  fairness  of  the  trial.  In  conclusion  he  said:  "  I  am  bound, 
in  duty  to  myself,  to  express  to  you  my  deep  and  solemn  convic- 
tion that  I  have  not  received  at  your  hands  the  fair  trial  by  an 
impartial  jury  to  which  by  law  and  justice   I  was  entitled." 

At  once  Chief  Justice  Durfee  pronounced  sentence:  "that  the 
said  Thomas  Wilson  Dorr  be  imprisoned  in  the  State  prison  at 
Providence,  for  the  term  of  his  natural  life,  and  there  kept  at  hard 
labor  in  separate  confinement."  Two  days  later,  June  2 2d,  Mr. 
Dorr  was  removed  to  Providence  and  duly  placed  in  the  State 
prison  in  that  city.'^^^ 


AuTHORi'iiES. — 1  Providence  Journal,  May  28  and  June  g,  1842;  Providence  Express,  May 
28,  1842.  2  Providence  Journal,  July  2,  1842.  3  Providence  Journal,  May  28.  1842.  4 
Constitution  of  the  United  States,  Art.  IV,  Sect.  2,  Clause  2.  5  Cleaveland  to  King,  5  ;  A^eiv 
York  Courier  and  Enquirer,  June  2,  1842  ;  National  Intelligencer,  June  11,  1842.  (>  Republi- 
can Herald,  August  13,  1842;  Boston  Saturday  Gazette,  August  13.  1842.  7  Providence  Jour- 
nal,  August  20,  1842.  8  Providence  Journal,  August  23.  1842.  9  Providence  Journal,  August 
26,  1842;  Boston  Saturday  Evening  Gazette,  August  27,  1842.  10  Providence  Journal,  Septem- 
ber 5,  1842.  11  Rhode  Island  Manual,  1896-1897,  129.  12  Rhode  Island  Manual,  1896-1S97, 
102.  13  Burke's  Report,  731.  14  Burke  s  Report,  764.  15  Providence  Journal,  November 
I,  1843.  1()  People's  Constitution,  Appendix.  17  Constitution  of  1842,  Appendix.  18  Eliot's 
Debates,  V,  447.  19  Wharton,  Criminal  Law,  §  2769.  20  Wharton,  Criminal  Laiv,  §  2772. 
21  .Sergeant,  Constitutional  Law,  371.  22  Rawle,  I'iew  of  the  Constitution,  142.  23  11  John- 
•f^".  553  ;  see  also  Kent,  403  note  ;  Wharton,  2']-j2  ;  Sergeant,  371  note  ;  Razvle,  143  note.  24 
Wharton,  Criminal  Law,  §  2771.  25  Wharton,  Criminal  Law,  i^  2766.  26  Republican  Herald, 
June  29,    1844. 


CHAPTER    XX. 


THOMAS    WILSON    DORR. 

THE  natural  reaction  soon  set  in.  At  the  time  of  Governor 
Dorr's  conviction,  Governor  Fenner  had  but  recently  been 
placed  again  in  the  gubernatorial  chair.  The  law  and  order 
party  was  in  full  power  throughout  the  State,  having  a  firm  grasp 
upon  the  General  Assembly.  The  summary  trial  of  Governor  Dorr,^ 
however,  was  not  acceptable  even  to  the  law  and  order  faithful, 
and  the  appearance  of  unfairness  made  it  unacceptable  to  the  mass 
of  the  people,  Sympathy  for  the  martyr  Governor  grew  with  re-r 
markable  rapidity.  The  General  Assembly  even  showed  signs  of 
weakness ;  it  could  not  be  held  strictly  to  the  course  laid  out  for 
it.  Finally,  when  Governor  Dorr's  aged  parents  petitioned  the  leg- 
islature for  an  act  of  amnesty,  the  General  Assembly,  in  January, 
1845,  voted  that  "the  prayer  be  so  far  granted  that  Thomas  W. 
Dorr  be  liberated  from  his  confinement  in  the  State  prison  upon 
his  taking  the  following  oath  or  afifirmation : 

"  '  I  do  solemnly  swear  that  I  will  bear  true  faith  and  allegiance 
to  the  State  of  Rhode  Island  and  Providence  Plantations ;  and  that 
I  will  support  the  constitution  and  laws  of  this  State  and  of  the 
United  States:    So  help  me  God.' "^^^ 


256 


THE     DORR     WAR. 


^'The  imprisoned  Governor  could  not  bring  himself  to  obtain 
his  liberty  by  what  seemed  to  him  an  act  of  inconsistency.  Un- 
doubtedly he  believed  that  he  was  the  legal  Governor  of  the  State 
he  considered  that  the  People's  Constitution  was  still  binding,  and 
that  the  constitution  to  which  he  was  asked  to  swear  allegiance 
was   null   and   void.      Declining    to    take   the   oath,   he   remained   in 

prison.  The  agitation  for 
his  release  continued,  how- 
ever. The  Democratic 
party  became  fully  identified 
with  his  cause,  and  the  fight 
at  the  April  election  was 
between  the  law  and  order 
party  and  the  "  Liberation- 
ists."  Liberation  societies 
were  formed  throughout  the 
State;  liberation  sentiment 
was  stimulated  by  every 
means  possible.  As  a  re- 
sult, Governor  Fenner  was 
defeated  for  re-election  by 
the  "  liberation  "  candidate, 
Charles  Jackson,  by  a  vote 
of  8,0 1 o  to  7,800.^^'  The  rest  of  the  law  and  order  State  ticket 
was  elected,  though  the  "  liberationists  "  had  a  majority  in  the  Gen- 
eral Assembly. 

June  27,  1845,  exactly  one  year  after  the  prison  doors  closed 
upon  Governor  Dorr,  they  opened  again  to  permit  him  to  go  free. 
On  that  same  day  the  General  Assembly  had  passed  "  an  act  to 
pardon   certain   offences   against   the   sovereign   power   of  this   State 


JAMES    FEWER. 


THOMAS     WILSON     DORR. 


•iu7 


and  to  quiet  the  minds  of  the  good  people  thereof."  This  law 
provided  for  the  discharge  from  prison  merely  of  "  any  person  who 
has  been  convicted  of  the  crime  of  treason  against  the  State  and 
is  now  in  prison  under  the  sentence  of  the  law."''^'  Governor  Dorr 
quietly  retired  to  the  home  of  friends,  broken  down  in  health  and 
spirits,  barely  more  than  ___ 

a   wreck  of  his   former 
self. 

The  "  liberation  "  is- 
sue alone  elevated  Mr. 
Jackson  to  the  gov- 
ernorship, and  the  next 
year  he  was  defeated 
for  re-election.*^*  After 
that  the  terms  "  Law 
and  Order  "  and  "  Lib- 
eration "  went  out  of 
use,  and  the  normal 
Whig  majority  regu- 
larly defeated  the  Dem- 
ocratic minority  until 
1 85 1.  In  that  year  the 
minority  became  the 
majority,     and      Philip 

Allen  was  chosen   Governor,  while  the  other  State  officers  were  re- 
/placed  by  Democrats.^'**     Scarcely  had  the  General  Assembly  organ- 
ized, in   May,   185 1,  when  it  passed  a  resolution  restoring  Mr.   Dorr 
to  his  civil  and  political  rights.'*^* 

Governor  Allen's  majority,  in   185 1,  was  less  than  nine  hundred. 

The  next  year  he  was  re-elected  by  a  majority  of  four  hundred  in 
33 


CHARLES    JACKSON, 

THIC     "  I.IIiKKATION  "     i;nVKRX(i 


258 


THE     DORR     WAR. 


a  total  vote  of  eighteen  thousand:  this  was  the  year  that  Rhode 
Island  2:ave  its  electoral  vote  to  a  Democratic  candidate  for  Presi- 
dent,  the  only  time  since  1836.  The  next  year  Governor  Allen 
polled  more  than  ten  thousand  votes  as  against  eight  thousand  for 
William  W.  Hoppin,  the  Whig  candidate.  The  strong  Democratic 
wave,  this  year  also  carried  the  General  Assembly,  which,  in  Feb- 
ruary,  1854,  proceeded  to  take  a  step  that  must  have  appalled  even 


I    HEREBY    CERTIFY, 


Ival 


001 


nod  1^^ 


iitvtuutcc)  cTert  ^e*ib  to  me  ^lyix  aiDilbexaUoti 
?iniiv^,  lev  the  ji4i/t»vo&e  ct  coxuimcu,  \>vb  ^{XJxit  ci 
(^xox,  t(tc  ^@cu>e  o|  The  State  of  Rhode  Island  against 
Thomas  Wilson  Dorr,  to  tfve  Safi/tcme  ^owd  c|  tLj 

CuuiKcl  for  tuuJry  Citiziiiit  of  Khude  Ulund. 
Counterii^ued, 


Prntidence    R   I  Oct.  tS,  1844 


Prciirleiit  of  the  Dorr  Lib.  Soe. 


CERTIFICATE    DORR    LIBERATION    STOCK. 

(COLLECTION     OK    CIIAK'LKS     GOKT<l.\.) 

-^  Governor  Dorr.  It  passed  an  act  reversing  and  annulling  the 
judgment  of  the  Supreme  Court  of  Rhode  Island  rendered  against 
Thomas   W.   Dorr.*'' 

This  act  was  unique :  it  was  an  illustration  of  what  Governor 
Dorr  called  the  "Omnipotence  of  the  Legislature."  Criticising 
certain  features  in  the  trial  of  Thomas  W.  Dorr,  it  affirmed  that 
he  had  been  wrongfully  convicted,  and  that  these  wrongs  should 
be  redressed.     Since  the   Hmrlish  forefathers  had  been  in   the  habit 


The  Four  Traitori^v 

Who  most  infamously  sold  themselves  to  the  Dorrites,  for  O/Ticc  and 
Political  Power. 

Let  us  not  reward  Traitors,  hut  with  just  indignation  abandon  thcni 
as  "  Scape-  Croats,"  to  their  destiny— forever. 


Gharles  Jackson. 

Providenct. 


Samuel  F.  Man.    James  F.  Simmomi.    Lemuel  H.  Axnold* 

CuinberUinil.  Julmslon.  South  Kingsloti. 


"O,  heaven,  that  such  companions  Ihou'dst  unfold; 

And  put  in  every  honest  hand  a  >yliip 

To  lash  the  rascals  naked  through  the  w  orld  " 


"APOLOGETIC  NOTE.  At  the  present,  dark,  dismal  and  degenerate  period  of  our  histor)- — 
when  a  man  regardless  of  himself  and  his  God,  will  sell  his  birthright  for  a  mess  of  pottage  —  when  an 
obscure  individual  like  Polk,  is  elected  to  the  Presidency,  and  a  pompous,  self -conceited  man  like 
Jackson,  to  the  Gubernatorial  chair  —  and  other  Dorrites,  too  contemptible  to  mention  among  men, 
are  appointed  to  fill  different  offices  under  the  general  government  —  when  Foreigners,  ignorant, 
barbarous  and  uncivilised,  as  the  wild  ass  of  the  wilderness,  pour  in  upon  us  like  the  plagues  of  Egypt, 
scourging  and  desolating  the  land  —  when  the  murderer,  with  brazen  front  and  seared  conscience,  his 
hands  still  dropping  with  human  blood,  stalks  abroad,  at  noonday,  unpunished  —  when  there  seems  to 
manifest  itself  (among  a  certain,  ignorant,  low-bred  Class  of  radicals,  disorganisers,  abolitionists  assum- 
ing to  be  jurists,  conscientiously  afraid  of  the  gallows,  and  vile,  illiterate  and  decayed  priests,  a  nuisance 
in  society,)  such  a  criminal  and  unhallowed  sympathy  for  felons  of  every  description,  when  we  would  do 
something  for  the  public  good,  and  attempt  to  stay  the  torrent  of  moral  and  political  profligacy,  which 
sapping  the  foundation,  seems  to  threaten  the  overthrow  of  our  most  valuable  institutions  —  when  the 
law  is  trampled  under  foot  with  impunity  —  and  every  thing  around  is  anarchy  and  confusion  —  to  those 
who  are  disposed  to  cavil  or  criticise,  and  it  is  very  easy  to  do  so,  we  would  say,  that  as  the  Originals 
could  not  be  induced  to  sit  for  their  portraits,  without  large  sums  of  gold  or  pledges  of  high  political 
trust,  they  were  necessarily,  with  much  difficulty,  sketched  from  recollection  ;  it  cannot  therefore  be 
reasonably  supposed,  that  their  features  are  precisely  exact  ;  but  if  they  had  sat  to  the  artist,  the  expres- 
sion of  their  faces,  being  as  variable  as  their  characters,  what  might  seem  a  good  likeness  to  day,  would 
cease  to  be  so  to  -  morrow  ;  and  this  we  deem  a  full  and  sufficient  apology. 

*  The  conduct  of  these  men  ;  two  of  them  in  particular,  towards  CJovernor  Fenner,  who  fearlessly  and 
nobly,  sustained  the  State,  through  all  its  recent  difficulties,  is  so  treacherous,  base  and  execrable,  and  is 
so  well  understood  by  the  intelligent  part  of  the  community,  that  it  needs  no  comment." 


THOMAS     \V  I  I.SOX     DORR.  250 

of  reversing  judgments  by  act  of  Parliament,  and  since  the  cliarter 
granted  to  the  General  Assembly  the  right  "to  alter,  revoke,  annul, 
or  pardon  such  fines,  mulcts,  imprisonments,  sentences,  judgments, 
and  condemnations  as  shall  be  thought  fit,"  and  since  the  new  con- 
stitution continued  to  the  General  Assembly  the  powers  heretofore 
exercised,  therefore  it  decreed  that  the  judgment  against  Thomas 
Wilson  Dorr  be  "  Hereby  repealed,  reversed,  annulled,  and  declared 
to  be  as  if  it  had  never  been  rendered."  The  clerk  of  the  Supreme 
Court  for  the  county  of  Newport  was  ordered  to  "  write  across  the 
face  of  the  record  of  said  judgment  the  words,  '  Reversed  and  An- 
nulled by  Order  of  the  General  Assembly  at  their  January  Session, 
A.  D.  1854.'  "  This  act  was  passed  in  the  House  of  Representa- 
tives by  a  vote  of  thirty- nine  to  eighteen. *^^ 

No  act  of  any  legislature  could  redress  the  injury  which  had 
been  done  to  Governor  Dorr.  Worn  out  in  mind  and  body,  with- 
out spirit  or  energy,  grown  old  before  his  time,  the  unhappy  man 
dragged  out  a  miserable  existence.  To  him  the  opening  of  the 
prison  doors  was  no  vindication:  rather,  it  was  equivalent  to  say- 
ing, "You  have  been  punished  enough;  you  may  go  now."  The 
complimentary  vote  for  United  States  Senator  by  the  minority  of 
the  General  Assembly  could  mean  but  little  to  the  man  who,  by 
his  conviction  and  release,  had  been  made  worse  than  an  alien.  Six 
years  passed  away,  ^nd  Governor  Dorr,  no  longer  young,  strong, 
or  energetic,  was  given  his  civil  rights :  what  cared  the  broken- 
hearted man  !  Three  years  more  and  the  "  omnipotent "  legislature 
overruled  the  verdict  of  the  court:  does  any  one  believe  that  such 
an  act  brought  happiness  to  the  dying  man  ?  Ten  months  later 
Thomas  Wilson   Dorr  passed  away,  at  the  age  of  forty  nine. 

Who  was  this  would-be   Governor;    this  disturber  of   the  peace 
of   Rhode   Island;   this  pleader  before   Tammany    Hall;   this  military 


260  THE     DORR     WAR. 

leader;  this  prisoner  at  the  bar?  He  was  a  man  "endowed  with 
intellectual  powers  which,  had  they  been  properly  directed,  would 
have  always  secured  him  a  commanding  influence.  Those  powers, 
too,  were  disciplined  by  an  education  more  accomplished  perhaps 
than  any  other  man  of  his  age  in  Rhode  Island  had  been  privi- 
leged to  obtain.  As  a  man  of  science  and  letters,  he  might  have 
attained  honorable  distinction,  had  he  chosen  to  dedicate  his  time 
either  to  science  or  to  letters.  As  a  statesman  he  might  have  ren- 
dered his  native  State  substantial  service.  He  might  have  been  a 
true-hearted,  private  gentleman,  honored  b}^  the  respect  and  con- 
fidence of  the  community  in  which  he  resided."  ^®^  Such  was  the 
testimony  of  his  most  bitter  enemy  in  the  midst  of  the  conflict 
which  he  had  brought  upon  his  State. 

His  friends  could  hardly  say  more.  "  Mr.  Dorr  is  an  educated 
gentleman  of  the  most  respectable  family  and  connexions.  He, 
personally,  has  stood  high  in  the  confidence  and  esteem  of  his 
fellow-citizens.  His  whole  course  of  life,  his  sentiments,  and  his 
actions  have  been  such  as  to  free  him  from  the  imputation  of  hav- 
ing, in  anything,  been  governed  by  other  motives  than  a  desire 
and  a  zeal  for  the  best  interests  of  his  fellow-citizens  and  of  the 
State." *"^^  When  foes  and  friends  so  closely  agree,  we  must  accept 
their  verdict  as  final. 

.  The  month  of  May,  1842,  either  changed  the  whole  nature  of 
Governor  Dorr,  or  brought  out  traits  that  had  never  before  been 
seen.  The  month  was  like  a  high  wall,  separating  absolutely  what 
preceded  from  what  followed  it.  Deserted  by  his  friends,  true  as 
well  as  false,  he  enjoyed  the  confidence  of  no  one.  Aided  before 
the  Court  by  his  lawyers,  he  nevertheless  bore  the  brunt  of  the 
trial  himself.  He  was  set  free  from  prison  and  granted  his  civil 
rights;    but   the   interest   and   enthusiasm   which   eventually  brought 


THOMAS    WILSON     DORR.  2t)] 

these  favors  was  interest  in  the  martyr,  not  in  the  personality  of 
/-  the  martyr;  enthusiasm  for  justice,  not  for  the  welfare  of  the  man 
who  had  failed.  Can  such  a  condition  of  things  be  explained  ? 
Can  the  inmost  character  of  such  a  man  be  read  and  understood } 
How  had  Mr.  Dorr  shown  his  talents  before  the  crisis  in  his 
life }  How  had  the  people  expressed  their  confidence  in  him  ? 
What  had  he  accomplished?  Before  he  reached  the  age  of  thirty 
the  citizens  of  Providence  chose  him  as  one  of  their  four  Repre- 
sentatives in  the  General  Assembly.  Here  he  was  active  in  many 
ways.  A  pronounced  Whig,  and  strongly  opposed  to  the  national 
government  as  then  represented  by  Andrew  Jackson,*^'"  in  Novem- 
ber, 1834,  he  brought  into  the  legislature  resolutions  against  the 
removal  of  the  public  funds  from  the  Bank  of  the  United  States  ; 
against  executive  control  of  the  national  treasury ;  against  the 
spoils  system  in  national  politics ;  and  in  favor  of  rechartering 
the  Bank  of  the  United  States. ^'~'  These  four  resolutions  were 
adopted  by  practically  a  two -thirds  vote;  but  the  youthful  partisan 
found  himself  in  a  hopeless  minority  when  he  opposed  an  amend- 
ment proposing  the  taxation  of  State  banks.  Perhaps  this  pre- 
disposition in  favor  of  the  State  banks  shows  that  the  enthusiasm 
for  the  national  bank  was  more  that  of  a  party  leader  than  of  a 
firm  believer  in  the  truth  of  the  cause;  and  it  may  help  to  explain 
the  fact  that  six  years  later,  in  a  Democratic  caucus,  Mr.  Dorr 
presented  resolutions  praising  President  Van  Buren  especially  for 
his  "strenuous  opposition  to  the  late  Bank  of  the  United  States."''^' 
iiThe  young  statesman,  in  his  early  career  in  the  legislature, 
showed  himself  a  friend  of  the  debtor  class  by  his  fight  against  a 
bank  law  of  his  day.  By  obtaining  a  repeal  of  this  law  he  deprived 
the  banks  of  a  power  over  debtors  not  permitted  other  creditors ; 
a  power  which   practically   made    the    bank    a    preferred   creditor. ^^^^ 


262  THE     DORR     WAR. 

Mr.  Dorr  again  appeared  as  a  reformer  in  opposing  the  attempt 
made  in  1836  to  enact  laws  against  the  abolitionists,  thereby  incur- 
ring great  hostility  from  the  Whig  leaders  of  the  State.  That 
which  forever  drove  him  from  the  Whig  party  was  his  position, 
early  taken,  in  favor  of  the  extension  of  the  suffrage.  From  the 
twelfth  of  March,  1834,  when  his  famous  Address  to  the  People  of 
Rhode  Island  was  issued,  he  was  a  suspected  man  in  Whig  coun- 
cils. When  the  Whigs  failed  to  stand  behind  the  constitutional 
convention,  Mr.  Dorr  retired  from  the  party.  When  he  ran  for 
Congress,  as  a  Constitutionalist,  in  1837,  and  received  seventy- two 
votes,  not  quite  one  per  cent,  of  the  entire  vote,  the  break  was 
complete.  Two  years  later  he  was  nearly  elected  Representative, 
as  a  Democrat,  running  considerably  ahead  of  his  companion  on 
the  Democratic  ticket.  "'^^  Politicians  could  not  use  a  man  of  such 
independence,  and  he  remained  politically  quiet  until  he  was  per- 
suaded to  accept  the   People's  nomination  for  Governor. 

Nevertheless,  Mr.  Dorr  was  active  in  the  public  service  outside 
of  the  State  legislature.  For  several  years  he  was  one  of  the  most 
valued  members  of  the  Providence  School  Committee.  Many 
reforms  in  the  management  and  conduct  of  the  schools  were  car- 
ried through  by  his  energy  and  push,  and  the  present  excellent 
condition  of  the  Provfdence  schools  owes  much  to  the  fact  that 
sixty  years  ago  they  had  in  him  a  true  friend.  When  Mayor 
Brigham  died,  just  as  the  agitation  for  a  new  constitution  was 
begun,  in  February,  1841,  Mr.  Dorr  received  a  nearly  unanimous 
vote  for  President  of  the   Board.  <'^' 

Mr.  Dorr  was  a  leading  member  of  the  Rhode  Island  Historical 
Society.  In  the  list  of  officers  chosen  in  1840  we  find  Chief  Justice 
Durfee,  Vice-President;  Judge  Staples,  Secretary;  and  Thomas 
Wilson   Dorr,  Treasurer;  and  among  the  trustees:   Thomas   F.  Car- 


THOMAS     WILSON     DORR.  26'j 

penter,  John  Pitman,  Elisha  R.  Potter,  and  Samuel  Y.  Atwell."'* 
Here  was  complete  harmony  among  political  enemies.  Mr.  Dorr 
was  a  commissioner  of  the  Scituate  bank,  chosen  to  that  position 
by  the  legislature  of  the  State.'"'*  He  was  also  administrator  and 
trustee  of  the  property  of  several  private  individuals ;  and  just 
before  the  attack  on  the  arsenal  he  told  his  friend,  Walter  S. 
Burges,  where  all  his  papers  were,  and  gave  him  the  keys  to  use 
in  case  of  need.^'^^ 

Mr.  Dorr  is  thus  shown  to  have  been  one  of  Rhode  Island's 
^  model  citizens.  He  had  the  courage  of  his  convictions,  politically, 
even  when  they  resulted  in  driving  him  out  of  his  party.  His  lack  4— 
of  consistency  in  his  views  on  the  United  States  Bank  may  surely 
be  pardoned,  as  due  partly  to  the  rupture  of  party  relations  and 
partly  to  the  change  in  the  man  himself  as  he  grew  from  the  age 
of  twenty-nine  to  that  of  thirty-four.  As  a  public-spirited  citizen, 
we  find  him  earnest  and  true ;  in  financial,  educational,  and  histori- 
cal affairs  he  took  strong  and  energetic  positions;  and  finally,  as  a 
neighbor  and  friend,  he  was  greatly  beloved.  Surely,  "  A  far  nobler 
destiny  he  might  have  achieved." 

In  what  lay  his  failure  ?  Can  we  place  all  the  censure,  as  he 
himself  tried  to  do,  upon  the  weak  and  vacillating  people  who  de- 
serted him  ?  Can  we  hold  President  Tyler  responsible  for  the 
disaster,  as  did  many  of  the  Governor's  friends  ?  Was  Governor^ 
Dorr  ahead  of  his  times,  and  unable  to  bring  his  followers  up  to 
his  position  .?  Or  was  there  some  quality  lacking  in  his  composi- 
tion, without  which  failure  was  inevitable  ?  Did  he  undertake  a 
task  too  great  for  him,  but  one  which  the  right  man  might  have 
accomplished }  Or  was  the  cause  so  radically  erroneous  that  it 
must  have  failed  under  any  leader }  These  are  questions  more 
easily  asked   than  answered. 


264  THE     DORR     WAR. 

<r  Dorr  had  his  faults  and  idiosyncracies  like  any  other  man,  and 
a  plain  narrative  of  the  movements  of  the  people's  Governor,  dur- 
ing the  two  critical  months,  shows  some  of  them  only  too  plainly. 
While  generally  popular,  he  was  not  a  great  leader  of  men.  He 
had  a  few  very  earnest,  unselfish  friends,  but  the  majority  of  his 
followers  were  place-hunters  and  "hangers-on."  He  could  map 
out  a  plan  which  might  be  successful  if  he  personally  saw  to  its 
execution ;  but  he  had  not  the  knack  of  so  directing  the  work 
that  others  could  carry  it  out  exactly  as  it  was  planned.  When 
the  Foundry  legislature  adjourned,  after  enacting  a  few  laws,  it 
evidently  expected  that  the  executive  would  carry  on  the  govern- 
ment. But  it  had  failed  to  provide  any  of  the  necessary  means. 
The  executive  ofificers  had  none  of  the  State  papers  or  documents : 
they  had  no  material  of  any  sort  with  which  to  work :  above  all, 
they  had  no  funds;  no  access  to  the  treasury;  and  no  way  of  col- 
lecting taxes.  Shall  we  accuse  the  timid  legislature  of  being  wholly 
to  blame  for  this  condition  of  affairs .?  Or  should  Governor  Dorr 
have  had  more  control  over  his  party?  Did  he  not  acknowledge 
that  he  advised  the  immediate  taking  possession  of  the  State  House.'* 
He  should  not  have  yielded  so  readily  his  opinion:  as  he  was  situ- 
ated he  was  right,  and  should  have  compelled  the  Assembly  to  fol- 
low his  bidding.  Either  he  weakly  yielded  to  its  judgment,  or  it 
-'^ad  too  little  confidence  in  him.  As  has  been  seen,  the  sudden 
obliteration  of  the  people's  government  led  many^  people  to  desert 
the  lost  cause. 

jr  A  second  evident  characteristic  of  Thomas  W.  Dorr  was  his 
remarkable  credulity;  his  apparent  willingness  to  believe  every  re- 
port and  to  accept  every  suggestion  which  seemed  to  favor  his 
cause.  We  have  noticed  two  especial  occasions  on  which  this  trait 
has  been  apparent.     When   Tammany   Hall,  under  the  lead  of  such 


THOMAS     VVn„SON     DOKK.  265 

men  as  Slamm  and  Purdy,  promised  him,  or  led  him  to  expect, 
that  troops  would  come  from  New  York  to  his  assistance ;  when 
he  honestly  believed  that  these  proffers  came  from  the  hearts  of 
men  deeply  interested  in  the  suffering  non-voters  of  Rhode  Island; 
when  he  failed  to  see  that  these  practical  politicians  were  merely 
seeking  to  feather  their  own  nests;  then  Governor  Dorr  was  fool-i- 
ishly,  if  not  criminally,  blind.  When,  again,  he  was  coaxed  to  be- 
take himself  to  Chepachet  by  the  stories  of  five  hundred  men  there, 
of  the  hundreds  on  the  way,  of  the  hundreds  more  -that  only  awaited 
his  arrival,  he  ought  to  have  known  better.  He  ought  to  have  real- 
ized that  when  the  leaders  of  the  party,  the  State  ofificers,  and  the 
members  of  the  General  Assembly,  had  resigned  their  places  and 
had  repudiated  their  Governor,  the  rank  and  file  would  not  be  eager 
to  take  the  sword  for  their  rights  no  matter  how  dear.  The  fiasco 
of  Acote's   Hill  was  mainly  due  to  Governor  Dorr's  credulity. 

But  one  more  characteristic  trait  of  the  People's  Governor  need  J- 
be  mentioned,  and  that  perhaps  the  most  prominent — his  obsti- 
nacy ;  or,  as  his  friends  called  it,  his  persistency.  Once  convinced 
that  he  was  right,  nothing  could  turn  him  from  his  course.  When 
the  attack  on  the  arsenal  had  failed,  he  was  with  difficulty  per- 
suaded that,  for  the  time  at  least,  his  cause  was  lost.  Even  thouQ[h 
he  learned  that  most  of  his  friends  were  against  him,  he  repaired 
to  Chepachet.  After  his  third  flight  from  the  State,  at  a  time 
when  a  heavy  reward  hung  over  his  head,  he  wrote  from  New 
Hampshire  asking  if  it  were  not  best  for  him  to  return  to  Rhode 
Island.  His  persistent  obstinacy  is  especially  shown  by  his  refusal 
to  yield  one  iota — to  accept  any  compromise  with  the  enemy.  His 
constitution,  he  claimed,  was  legally  adopted  —  it  was  adopted  by 
a  majority  of  the  people  of  the  State.  No  later  constitution  could 
be   legal,   unless   it   superseded    the    People's   Constitution   either  in 


2G6  THE     DORR     WAR. 

the  manner  therein  prescribed  or  by  a  majority  of  the  people,  just 
as  the  People's  Constitution  had  been  adopted.  Therefore  no  new 
constitution,  however  liberal,  however  like  his  own,  the  people's, 
was  of  any  interest  to  him,  unless,  in  his  opinion,  legally  adopted. 
The  People's  Constitution  was  binding  still ;  and  he  was  the  true 
Governor   of  Rhode   Island,  even  until  his  death. 

In  this  he  but  carried  his  position  to  the  logical  end.  He  was 
told  by  such  men  as  ex -President  Van  Buren,  Senator  Benton, 
Governor  Morton,  and  even  the  historian,  George  Bancroft,  that 
his  proceedings  were  strictly  just  and  legal.  With  such  authority 
to  uphold  him,  perhaps  we  need  not  wonder  that  the  very  fact  that 
Dorr  had   a  clear   and   logical   mind,   together  with   the   honesty   of 

^^  his  nature,  in  reality  caused  his  downfall.  These  commendable 
traits  first  drove  him  out  of  the  party  to  which  he  naturally  be- 
longed, isolated  him  from  his  own  family  and  his  best  friends,  led 
him  to  attempt  war  against  his  beloved  State,  placed  him  in  a 
traitor's  cell,  and  made  him,  at  the  end  of  his  short  life,  a  broken- 
hearted man. 

Of  whatever  failings  Thomas  Wilson   Dorr  may  be  accused,  his 

rKvirtues  clearly  outrank  them.  Whatever  he  did  to  lose  the  esteem 
of  his  contemporaries  is  more  than  offset  by  the  truth  of  the  cause 
in  which  he  was  engaged.  His  trial  and  conviction  were  unneces- 
sary, and  his  early  death  might  have  been  postponed.  If  we  call 
him  a  rebel,  we  must  call  him  an  honest  rebel  and  one  who  sought 
only  what  seemed  to  him  the  true  welfare  of  the  people.  If  we 
condemn  him  for  what  he  did,  we  must  praise  him  for  what  he 
meant  to  do.  And,  after  all,  Thomas  Wilson  Dorr,  though  he 
never  realized  it,  did  bring  a  people's  government  to  the  people 
of  Rhode   Island. 


THOMAS    WILSON     DORR.  267 

Authorities.  —  1  Rhode  Island  Acts  and  Resolves,  January,  1845,  p.  59.  2  R/iode  Islatid 
Manual,  1896-97,  102.  3  Rhode  Island  Acts  and  Resolves,  June,  1845,  P-  "•  ^  Rhode  Island 
Manual,  1896-97,  102.  The  same  year  a  United  States  Senatf)r  was  chosen.  Thomas  Wilson  I  )orr 
was  given  the  complimentary  vote  of  the  minority,  receivinjr  thirty-  four  votes  out  of  a  total  of  ninety- 
eight.  Rhode  Island  Manual,  1896-97,  141.  #">  Rhode  /sland  A/anual,  1896-97,  103.  0  Rhode 
Island  Manual,  1896-97,  130.  7  Rhode  Island  Aets  and  Resolves,  January,  1854,  p.  249.  S  Provi- 
dence Journal,  March  i,  1834.  5)  Providence  Journal,  May  24,  1842.  10  Burke' s  Report :  I'rial 
of  Dorr,  gb"/.  11  Potter,  Considerations,  5,  note.  12  Republican  Herald,  November  5.  1S34. 
13  Providence  Journal,  April  13,  1840.  14  Cioodeil,  Plights  and  Wrongs  of  Rhode  Island,  35. 
15  Rhode  Island  Manual,  1896-97,  160.  1(J  Providence  Journal,  March  I,  1841.  17  Providence 
Journal,  ]u\y  2^,  1840.  IS  Pitman,  Trial  of  Dorr,  i)2.  IJ)  Turner,  I'rial  of  Dorr ,  '^(.1  :  'I'estimony 
of  Walter  S.  Burges.  , 


CHAPTER    XXI. 


CONGRESSIONAL     INTERFERENCE.    * 

WHEN  Senator  Allen,  of  Ohio,  permitted  his  resolutions 
on  Rhode  Island  matters  to  be  placed  on  the  calendar 
for  "  Monday  week,"  which  day  happened  to  be  July  4th, 
1842,^'^  the  Rhode  Island  question  was  dead,  so  far  as  the  United 
I-  States  Senate  was  concerned.  The  House  of  Representatives 
apparently  cared  little  about  the  dual  governments,  for  in  neither 
session  of  the  twenty -seventh  Congress  do  we  find  any  other  ofificial 
reference  to  the  affairs  in   Rhode   Island, 

The  governments  of  other  States,  far  as  well  as  near,  were, 
however,  greatly  concerned.  Naturally  the  most  interested  States 
were  those  of  New  England.  When  Governor  Dorr  sent  his  beq;- 
ging  letter  to  Governor  Fairfield,  of  Maine,  *"^'  that  executive  imme- 
diately sent  a  message  to  the  State  legislature,  as  requested  by 
the  People's  Governor.  A  caucus  of  the  dominant  party  was  held, 
in  which  resolutions  were  adopted  sympathizing  with  the  people's 
government.  ^"^^  However,  before  the  party  had  an  opportunity  to 
put  the  legislature  on  record,  news  arrived  of  the  attack  on  the 
arsenal,  of  Dorr's  flight,  and  of  the  reported  compromise.  Accord- 
ingly the  legislature  referred  the  matter  to  a  committee,  which 
brought  in  two  reports  early  in   June:  the  majority,  believing  "that 


CONGRESSIONAL     INTERFERKNCE.  2G9 

the  long -existing  difficulties  concerning  the  nature  of  the  State 
governments  were,  happily,  about  to  be  settled  in  an  amicable 
manner,"  declared  that  it  afforded  them  "lively  satisfaction  to  learn 
that  the  contest  had  ended  in  the  promised  establishment  of  free 
suffrage;"  on  the  other  hand,  the  minority  resolved  "that  a  revo-^ 
lution  by  force  of  arms  can  be  justified  only  by  its  necessity,  as 
the  last  resort  of  the  people  in  their  efforts  to  throw  off  oppressive 
and  intolerable  government,  and  that  no  such  necessity  exists  in 
the  free  States  of  this  Union." '^^ 

When  the  New  Hampshire  legislature  met,  early  in  June,  1842, 
Governor  Hubbard,  later  known  as  a  friend  and  protector  of  Gov- 
ernor Dorr,  sent  in  his  annual  address.  In  this  he  referred  to  the 
fact  that  there  had  "  been,  of  late,  in  one  of  the  States  of  the 
Union,  a  controversy  of  a  most  extraordinary  character,  involving 
the  "right  of  the  people  to  self-government."*'''  Soon,  however,  the 
final  flight  took  place,  and  the  position  of  the  State  of  New  Hamp- 
shire is  shown  only  by  the  attitude  of  the  Governor  and  the  reso- 
lution passed  by  the  State  convention  that  renominated  Governor 
Hubbard :  "  Resolved  that  the  General  Government  has  no  right 
to  interfere  in  any  political  controversy  between  different  portions 
of  the  people  of  a  State,  in  which  the  question  of  Sovereignty  is 
in  issue;  and  that  John  Tyler,  the  acting  President  of  the  United 
States,  by  interfering  with  and  deciding  the  question  of  sovereignty 
pending  between  the  two  parties  in  Rhode  Island,  has  been  guilty 
of  a  wanton  and  flagrant  act  of  usurpation,  for  which  he  deserves 
impeachment  and  expulsion  from  office."*"' 

The  Vermont  Democratic  State  Convention  expressed  its  views 
even  earlier  than  that  of  New  Hampshire.  It  resolved  "  That  we 
believe  in  the  right  of  a  majority  of  the  people  of  Rhode  Island 
to   change   their  form   of   Government   from   a    King's    Charter  to  a 


270  THE     DORR     WAR. 

Republican  Constitution,  and  cordially  sympathize  with  them  in 
their  attempts  to  do  so ;  and  while  we  would  encourage  them  to 
persevere,  we  cannot  but  condemn  the  action  of  the  present  Exec- 
utive and  those  members  of  his  cabinet  who  are  his  advisers  in 
the  course  he  has  adopted  in  ordering  an  armed  force  to  that 
State  to  overawe  the  people  in  the  exercise  of  the  inalienable 
rights  and  privileges  guaranteed  to  them  by  the  Constitution  of 
the  United  States."  ^'^ 

^  Massachusetts  was  in  the  hands  of  the  Whigs  in  1842;  Gov- 
ernor Davis  agreed  to  honor  Governor  King's  requisition  ;  and,  in 
fact,  the  Old  Bay  State  practically  gave  the  charter  government 
something  more  than  sympathy.  At  the  next  election,  however. 
Governor  Davis  received  one  less  vote  than  his  opponent,  and 
Governor  Morton  did  not  hesitate  to  uphold  the  principles  upon 
which  the  people's  party  was  acting ;  he  did  not,  however,  approve 
the  use  of  force. 

i-'  In  Connecticut,  the  legislature  showed  an  interest  in  her  neigh- 
bor early  in  the  controversy.  On  the  tenth  of  May,  a  resolution 
was  introduced  in  the  House  of  Representatives  to  appoint  a  joint 
committee  of  the  two  houses  "  to  inquire  into  the  expediency  of 
offering  the  mediation  of  this  State  in  settling  the  difficulties  exist- 
ing in  our  sister  State,  Rhode  Island,  under  the  present  '  gestion 
of  affairs.' "^"^^  This  resolution  passed  the  House,  but  the  matter 
went  no  farther. 

These  illustrations  show,  at  least,  that  the  trouble  in  Rhode 
>  Island  was  attracting  general  attention.  Governor  Dorr's  failure, 
and  the  adoption  of  the  new  liberal  constitution,  however,  appeared 
to  end  the  controversy,  and  interest  in  the  "  Affairs  of  Rhode 
Island "  quieted  down.  Some  months  later,  however,  the  subject 
was  reviewed  in  the  national    legislature  as  a  partisan  affair,  begun 


CONGRESSIONAI,     INTKRFERENCE.  271 

with  a  memorial  to  Congress  from  the  Democratic  members  of  the 
Rhode  Island  General  Assembly.  To  understand  the  circumstances, 
we  must  note  the  condition  of  politics  in  the  State  during  the  year 

1843- 

In  October,  1842,  the  Journal  showed  that  the  Democrats  vvere^ 
beginning  to  take  up  the  suffrage  movement  as  a  party  measure, 
by  a  labored  article  designed  to  prove  that  that  party  did  not  up- 
hold Dorr,  It  stated  that  a  majority  of  the  State  Senate,  elected 
in  accordance  with  the  charter  in  April,  1842,  were  Democrats; 
that  but  four  towns  gave  a  majority  against  King  for  Governor,  at 
the  same  election,  two  of  these  being  Whig  and  two  Democratic ; 
and  that  while  eleven  towns  voted  for  the  Freemen's  Constitution 
and  eight  against  it,  nine  Democratic  towns  voted  for  it  to  three 
against.  ^''^  In  November,  the  Journal  again  tried  to  show  that  the 
Rhode  Island  Democrats  were  not  Dorrites,  by  claiming  that  the 
call,  just  issued,  for  a  Democratic  convention  was  made  without 
the  approval  of  the  Democratic  party;  that  the  most  prominent 
men  in  that  party  knew  nothing  of  it  and  would  have  nothing  to 
do  with  it.^'*^^  While  there  is  a  measure  of  truth  in  this  statement, 4- 
it  is  only  partially  true.  Many  of  the  leading  Democrats  had  joined 
the  law  and  order  party,  and  therefore  had  no  interest  in  this  con- 
vention; while  some  others,  seeing  the  strong  movement  in  the 
party  towards  Dorrism,  held  aloof  for  the  time.  Yet  the  names 
of  the  delegates  to  this  convention  were  well  known  in  Democratic 
annals,  and  seven  of  the  nine  members  of  the  State  Central  Com- 
mittee, chosen  by  this  convention,  were  among  the  most  prominent 
delegates  to  the  Democratic  State  convention  held  in  January,  1840.^**^ 


("'  Compare  account  of  the  Democratic  Republican  State  Convention  in  Repuhlictiii  Herald,  January 
18,  1840,  with  that  of  the  Democratic  State  Convention,  December  20,  1842,  given  in  Burke  s  Report, 
239-245.  It  is  interesting  to  note  that  at  least  six  members  of  the  committee  of  nine,  and  twenty-five 
of  the  thirty -six  members  of  the  full  State  committee  are  recorded  as  voting  for  the  People's  Constitution. 


272  THE     DORR     WAR. 

The  platform  adopted  by  this  convention  upheld  the  national 
Democratic  party,  and  denounced  the  Whigs  and  Henry  Clay;  but 
most  of  the  planks  referred  to  domestic  matters.  The  resolutions 
'i  afifirmed  "  the  right  of  the  people "  to  institute  government  and  to 
"  make  or  alter  the  fundamental  law  at  any  time  "  in  any  way ;  they 
criticised  the  new  constitution,  but  advised  the  members  of  the 
party  to  register  and  vote  under  it;  afHrming  that  "in  recommend- 
ing this  course  and  in  order  to  avoid  all  doubt  or  misconstruction 
of  [their]  purposes,  [they]  explicitly  avowed  [their]  object  to  be, 
to  accomplish  in  a  satisfactory  manner,  and  with  the  least  delay, 
the  establishment  in  fact,  as  well  as  in  right,  of  the  People's  Con- 
stitution."^"^ 

How  this  result  was  to  be  reached  was  not  announced,  but  it 
was  evident  that  the  upholders  of  the  People's  Constitution  pro- 
posed to  make  a  strong  effort  to  carry  the  State,  under  the  liberal 
suffrage  of  the  new  constitution.  The  election  took  place  in  April, 
1843,  and  resulted  in  a  good  majority  for  the  law  and  order  party. 
Governor  Fenner  received  9,100  votes  to  7,300  cast  for  Thomas  F. 
Carpenter."^-  The  Senate  stood  about  twenty- two  law  and  order 
men  to  seven  Democrats  (or  Dorrites),  and  the  House  forty- eight 
4-to  nineteen. ^'^^  In  the  words  of  Governor  Dorr,  "the  suffrage  men 
of  Rhode  Island  seemed  to  hesitate  in  employing  the  ballot-box  at 
the  vitally  important  election  of  April,  1843,  as  they  had  before 
hesitated  to  employ  the  cartridge-box  when  force  had  become  in- 
dispensable to  the  safety  of   their  cause.      Through  desertions  they 


"')  Providence  Journal.  All  the  Democratic  members  chosen  were  from  Providence  county,  the 
towns  of  ISurrillville,  (ilocc-ster,  Smithlield,  Cumberland,  North  Providence,  C^ranston,  and  Johnston 
giving  a  majority  against  the  government.  From  Providence  county  seven  Dorrite  Senators  were 
returned  to  three  law  and  order  men,  and  in  tiie  House  the  county  was  represented  by  nineteen 
Democrats  out  of  thirty -five.  The  county  gave  seven  hundred  more  votes  to  Carpenter  than  to 
Fenner,  though  Providence  city  furnished  a  majority  of  four  hundred  the  other  way. 


CONGRESSIONAL     INTKRFKRKNCK. 


Zhi 


were  overthrown  at  this  election."''^'  However  strong:  the  suffraore 
party  had  been,  however  many  desertions  occurred  at  this  time, 
one  fact  is  fixed  —  the  party  did  not  poll  a  majority  of  the  votes 
cast,  much  less  of  "  The   People."'^' 

Another  winter  came,  and  the  people  of  Rhode  Island  were  evi- 
dently becoming  satisfied  with  the  new  constitution.  The  Demo- 
cratic minority  had  been  able  to  accomplish  nothing  in  the  General 
Assembly;  everything  fore- 
told an  easy  victory  for  the 
law  and  order  party  in  April, 
1844.  In  fact,  the  Demo- 
cratic case  seemed  so  des- 
perate that  no  State  ticket 
was  nominated,  '^^  and  when 
the  election  came,  but  two 
hundred  scattering  votes 
were  cast  against  the  re- 
election of  Governor  Fen- 
ner,^''"'  while  the  law^  and 
order  majority  in  joint  ses- 
sion of  the  two  houses  was 
sixty/^''^  With  this  prospect 
before  them  the  Democratic 
members  of  the  legislature 
appealed  to  Congress. 

This  Democratic  minority  consisted  of  the  seven  Senators  and 
eighteen  Representatives  from  seven  towns  in  Providence  county, 
and  the  Senator  from  Jamestown,  in  Newport  county.  Each  of 
these  Representatives  is  recorded  as  having  voted  for  the  People's 
Constitution,  and  the  names  of  five  of  the  Senators  are  also  found 
35 


THOMAS    ¥.    CARPENTER. 


274  THE     DORR     WAR. 

in  the  printed  lists, ^°^  The  minority  of  the  legislature,  therefore, 
was  nearly,  if  not  quite,  unanimously  Dorrite  from  the  beginning. 
-^  The  memorial  dated  February  i,  1844,  after  affirming  the  adop- 
tion of  the  People's  Constitution,  declared  the  belief  of  the  signers 
that  the  President  of  the  United  States,  by  his  interference  in  the 
affairs  of  Rhode  Island,  caused  the  overthrow  of  the  People's  Con- 
stitution and  government.  The  request  was  made  that  the  Na- 
tional House  of  Representatives  inquire  whether  the  President  had 
any  such  power  of  interfering  in  the  "  internal  affairs  of  a  sovereign 
State  ;"  and  whether  the  present  members  of  the  House  from  Rhode 
Island  were  entitled  to  their  seats.  The  memorial  finally  requested 
"the  Conorress   of  the   United   States  to  execute  to   I  Rhode   Island! 

O  I-  1 

the  guaranty  in  the  National  Constitution,  of  a  Republican  Consti- 
tution, in  favor  of  that  luhich  was  rightfully  and  dnly  adopted  in 
[Rhode  Island']  in  Decei7iber,  18^1,  and  established  and  carried 
into  effect  by  the  organization  of  a  government  nnder  it  in  May, 
1842  J''> 

Representative  Burke,  of  New  Hampshire,  presented  the  memo- 
rial to  the  House  of  Representatives,  February  19.*^^'  It  was 
ordered  printed,  and,  by  a  vote  of  103  to  69,  referred  to  a  select 
committee  of  five,  consisting  of  Burke,  Rathbun,  of  New  York; 
Causin,  of  Maryland;  McClernand,  of  Illinois;  and  Preston,  of  Mary- 
land. The  Rhode  Island  Representatives,  Henry  Y.  Cranston  and 
Elisha  R.  Potter,  demanded  an  opportunity  for  discussion,  as  they 
claimed  that  the  memorial  was  full  of  misrepresentations,  but  debate 
was  refused  by  a  vote  of   144  to  35. 

After  two  fruitless  sessions,  the  committee,  March  7,  voted  to 
ask  authority  to  send  for  persons  and  papers,  and  to  recommend  to 

''■'  The  Senators  from    Burrillville,  Johnston,  and  Cranston  are  not  so  recorded. 


CONGRESSIONAL     INTERFERENCE.  275 

the  House  of  Representatives  to  request  tlie  President  of  the  United 
States  to  furnish  copies  of  all  papers  and  documents  in  his  posses- 
sion relating  to  the  Rhode  Island  controversy.*"^^  The  same  day,  in 
the  House,  Mr.  Burke  requested  power  to  send  for  persons  and 
papers,  and  was  met  by  an  amendment,  offered  by  Mr.  Causin,  a 
member  of  the  select  committee,  discharging  the  committee  from 
further  service.  *^*^*  After  eleven  days  consumed  in  speeches  by 
Representatives  Cranston,  of  Rhode  Island;  Rathbun,  of  New  York; 
Potter,  of  Rhode  Island;  Kennedy,  of  Indiana;  Caleb  Smith,  of 
Indiana;  McClernand,  of  Illinois;  and  Stetson,  of  New  York,  Cau- 
sin's  amendment  was  defeated  by  a  vote  of  jo  to  86,  and  Burke's 
resolution  was  adopted,  'jS  to  71.'-'^  March  23d,  the  resolution  re-r- 
questing  information  from  the   President  was  passed.'''^ 

The  committee  held  seventeen  sessions,*-^'  the  last  six  of  which 
were  spent  in  listening  to  the  report  drawn  up  by  the  chairman. 
At  the  other  sessions,  Welcome  B.  Sayles,  John  S.  Harris,  Aaron 
White,  Colonel   Bankhead,  and  Captain  Vinton  were  examined,  and 


C**  Congressional  Globe,  I  Sess.,  28  Cong..  1843-44,  ^ol-  XIII,  p.  426.  In  these  resolutions  the 
President  was  requested  to  lay  before  the  House  "the  authority  and  the  true  copies  of  all  requests 
and  applications  upon  which  he  deemed  it  his  duty  to  interfere  with  the  naval  and  military  forces 
of  the  United  States,  on  the  occasion  of  the  recent  attempt  of  the  people  of  Rhode  Islai^d  to  estab- 
lish a  free  constitution  in  the  place  of  the  old  charter  j^overnment  of  that  State  ;  also,  copies  of  the 
correspondence  between  the  Executive  of  the  United  States  and  the  charier  government  6f  the  State 
of  Rhode  Island,  and  all  the  papers  and  documents  connected  with  the  same  ;  also,  copies  of  the 
instructions  to,  and  statements  of,  the  charter  commissioners  sent  to  him  bv  the  then  existing 
authorities  of  State  of  Rhode  Island  ;  also,  copies  of  the  correspondence,  if  any,  between  the  heads 
of  departments  and  said  charter  government,  or  any  person  or  persons  connected  with  said  govern- 
ment, and  of  any  accompanying  papers  and  documents  ;  also,  copies  of  all  orders  issued  by  the 
Executive  of  the  United  States,  or  any  of  the  departments,  to  military  officers,  for  the  movement 
or  employment  of  troops  to  or  in  Rhode  Island  ;  also,  copies  of  all  orders  to  naval  officers  to  pre- 
pare steam  or  other  vessels  of  the  United  States  for  service  in  the  waters  of  Rhode  Island  ;  also, 
copies  of  all  orders  to  the  officers  of  revenue  cutters  for  the  same  service  ;  also,  copies  of  any 
instructions  borne  by  the  Secretary  of  War  to  Rhode  Island,  on  his  visit  in  1S42,  to  review  the 
troops  of  the  charter  government  ;  also,  copies  of  any  order  or  orilers  to  any  oHicer  or  officers  of 
the  army  or  navy  to  report  themselves  to  the  charter  government  ;  and  that  he  be  requested  to  lay 
before  this  House  copies  of  any  other  papers  or  documents  in  the  possession  of  the  Executive  con- 
nected with  this  subject,  not  above  specifically  enumerated." 


276  THE     DORR     WAR. 

the  votes  cast  for  the  People's  Constitution  were  counted.  Benja- 
min F.  Hallett  was  authorized  to  obtain  depositions  of  witnesses 
examined  in  relation  to  the  trouble  in  Rhode  Island.  June  3,  1844, 
the  report,  as  prepared  by  Mr.  Burke,  was  adopted,  Burke,  Rathbun, 
and  McClernand  voting  for  it;  Causin  and  Preston  were  absent. 
Later,   Mr.  Causin  presented  to  the   House  a  minority  report. 

Meanwhile,  April  10,  the  House  received  the  reply  of  the  Presi- 
dent and  referred  it  to  the  select  committee.^®'  Mr.  Burke  pre- 
sented to  the  House  the  petition  of  Henry  J.  Duff  and  175  others, 
naturalized  citizens  of  Rhode  Island,  representing  that  they  were 
deprived  of  their  proper  privileges  as  citizens  of  the  United  States,  ^^'^^ 
and  also  the  petition  of  certain  citizens  of  Indiana,  praying  Con- 
gress to  inquire  into  alleged  abuses  practiced  by  the  Rhode  Island 
charter  party.  *~^^  Mr.  Cranston  presented  a  protest  from  the  Gen- 
eral Assembly  of  Rhode  Island  against  the  right  of  the  Congress 
to  inquire  whether  the  late  charter  government  of  the  State  had 
been  republican  in  form  or  not;  against  the  right  of  Congress  to 
inquire  whether  the  People's  Constitution  or  the  existing  constitu- 
tion was  the  lawful  constitution  of  the  State ;  and  against  the  doing 
by  Congress  of  anything  that  would  tend  to  cause  trouble  again  in 
Rhode   Island.^^^^ 

June  7,   1844,  Burke's  report  was  read  to  the   House  and   post- 


^^>  Cotjg?-cssional  Globe,  I  Sess.,  28  Cong.,  1843-44,  Vol.  XIII,  p.  504.  In  this  reply,  President 
Tyler  said  :  "  I  have  to  inform  the  House  that  the  Executive  did  not  'deem  it  his  duty  to  interfere 
with  the  naval  and  military  forces  of  the  United  States,'  in  the  late  disturbances  in  Rhode  Island  ; 
that  no  orders  were  issued  by  the  Executive,  or  any  of  the  departments,  to  military  officers,  for  the 
movement  or  employment  of  troops  to  or  in  Rhode  Island,  other  than  those  which  accompany  this 
message,  and  which  contemplated  the  strengthening  of  the  garrison  at  Fort  Adams,  which,  consid- 
ering the  extent  of  the  agitation  in  Rhode  Island,  was  esteemed  necessary  and  judicious  ;  that  no 
orders  were  issued  to  naval  officers  to  prepare  steam  or  other  vessels  of  the  United  States  for 
service  in  the  waters  of  Rhode  Island  ;  that  no  orders  were  issued  '  to  the  officers  of  the  revenue- 
cutters  for  said  service  ; '  that  no  instructions  were  borne  by  '  the  Secretary  of  War  to  Rhode  Island, 
on  his  visit  in  1842  to  reviezv  the  troops  of  the  charter  i^overiititent ;'  that  no  orders  were  given  to 
any  officer  or  officers  of  the  army  or  navy  to  report  themselves  to  the  charter  government." 


1^1: 


v^  "^^  ^^  s>^ 
■♦^-i?"'^  ^  5  <^  s  ^ 


c^'^ 
1^1 


8    >    §    ^     V     ^    N  :^ 


13  It  ^.^^1 1  / 


CONGRESSIONAL     INTERFERENCE.  277 

poned  until  the  first  Monday  in  December ;^^''*  and  not  till  January 
2,  1845,  by  a  test  vote  of  102  to  80,  was  it  resolved  to  print  5,000 
extra  copies/^^^  Then  began  a  discussion  on  the  report,  particij^ated 
in  by  Burke,  Elmer,  of  New  Jersey,  and  Williams,  of  Massachu- 
setts, which  was  completed  on  the  28th  of  February. '-'^^  Four  days' 
later,  the  twenty-eighth  Congress  expired;  John  Tyler  retired  to 
private  life,  James  K.  Polk  became  President,  and  Rhode  Island 
was   at  last  left  to  herself. 

Burkes  Report  was  elaborate,  there  being  eighty- six  pages  of  ^ 
formal  reports  and  nearly  a  thousand  more  pages  of  documents,  depo- 
sitions, and  other  testimony.  Unfortunately  for  the  student  of  Rhode 
Island  history,  the  evidence  herein  furnished  is  not  impartial.  The  '^  O 
testimony  of  five  witnesses,  together  with  the  documents  which  they 
furnished  to  the  committee,  the  depositions  of  fifty  persons,  copies 
of  the  indictments  of  thirteen  men,  the  documents  prepared  for  the 
case  of  Luther  vs.  Borden,  the  correspondence  furnished  by  the 
President,  and  a  few  other  documents,  fill  the  lari^e  volume.  Not 
one  of  the  witnesses  belonged  to  the  charter  party  or  was  an  anti- 
Dorrite ;  nor  was  a  single  document,  deposition,  or  testimony  pre- 
sented on  that  side  of  the  case.  This  was  due  to  two  things  :  tho/ 
"committee  was  interested  merely  in  obtaining  a  partisan  advantage 
from  the  publication  of  the  Dorrite  side  of  the  struggle ;  and  the 
law  and  order  authorities,  having  sure  possession  of  the  govern- 
ment, refused  to  present  any  testimony,  on  the  ground  that  Con- 
gress had  no  right  to  make  the  investigation. 

The  brief  narrative  of  the  work  of  the  select  committee  and 
the  proceedings  of  the  House  of  Representatives  given  above  shows 
clearly  that  the  investigation  was  undertaken  for  purely  party  rea- 
sons. The  investigation  had  barely  begun  when  the  nearly  unan- 
imous  re-election    of    Governor    Fenner   occurred   in    Rhode    Island. 


278  THE     DORR     WAR. 

^  Congress  knew,  beyond  a  doubt,  that  the  people  of  Rhode  Island,  as 
a  whole,  were  contented  with  the  existing  situation;  it  knew  that 
no  result  could  be  obtained  from  an  investigation.  The  presidential 
campaign  was  about  to  open ;  the  President,  whose  "  interference  " 
the  committee  was  to  investigate,  had  lost  favor  with  his  own  party 
and  was  bidding  for  a  nomination,  not  by  the  Whigs,  but  by  his 
former  enemies,  the  Democrats.  What  better  campaign  document 
could  the  Democrats  ask  than  a  Dorrite  account  of  the  Rhode 
Island  controversy.  With  it  they  could  attack  the  Whigs  every- 
where, and  President  Tyler  in  particular:  they  had  no  love  for  him. 
The  whole  course  of  the  discussion  shows  that  the  party  and 
the  select  committee  had  no  idea  of  helping  the  malcontents  in 
Rhode  Island,  but  rather  of  promoting  their  own  cause  in  the  com- 
ing election.  It  was  Burke  himself  who  moved  the  postponement 
of  the  discussion  on  the  report  from  June  to  December.  As  soon 
as  the  House  voted  to  print  a  second  edition,  the  matter  practi- 
cally dropped ;  the  resolutions  which  closed  the  report  were  under 
discussion  for  two  days  only.  That  good  should  come  to  the  peo- 
ple of  Rhode  Island  was  a  consideration  too  remote  to  occur  to 
any  one. 
<^  Let  us  briefly  summarize  the  conclusions  and  proposed  resolu- 
tions of  this  report.  After  an  historical  review  of  the  happenings 
in  Rhode  Island,  the  committee  proceeded  to  answer  in  the  affirm- 
ative the  question  whether  the  People's  Constitution  was  adopted 
by  a  majority  of  the  adult  citizens  of  Rhode  Island.  They  gave 
four  reasons  for  coming  to  this  conclusion :  first,  they  had  exam- 
ined the  votes  and  found  them  as  represented,  and  therefore  they 
were  "  strong  prima  facie  evidence "  of  the  adoption  ;  second,  the 
rejection  of  the  Freemen's  Constitution  was  an  indication  that  a 
majority  of  the  people  w^ere  in  favor  of   the   People's   Constitution  ; 


CONGRESSIONAL     INTKKFKKKNCK.  279 

third,  the  existing  constitution  did  not  receive  a  majority  of  the 
votes  of  the  citizens  of  Rhode  Island;  and,  fourth,  the  charter 
authorities  persistently  refused  to  make  any  investigation  into  the 
legality  of  the  vote. 

After  a  long  discussion  of  authorities,  the  report  reached  the 
conclusion  that  "  the  sovereign  power  of  the  State  [resided]  in 
the  people  of  the  State,"  and  that  the  majority  of  the  people  could, 

"in  any  manner,  and  at  such  time  as  they  [deemed]  expedient, 
without  the  consent  of  existino:  authorities,  and  even  a<iainst  an 
express  provision  of  a  constitution  once  agreed  to  by  them  point- 
ing out  the  mode,"  change  their  form  of  government.  It  then 
debated  the  question  "who  are  the  people.^"  and  decided  that  the 
right  of  suffrage  was  a  uaHiral  right  ;  that  it  belonged  to  all  men, 
though  not  to  women  nor  to  boys  under  the  arbitrary  age  of 
twenty-one;  and  that  the  "people  [included]  all  free  while  male 
persons  of  the  age  of  twenty -one  years,  who  are  citizens  of  the 
State,  are  of  sound  mind,  and  have  not  forfeited  their  right  by 
some  crime." 

-^  The  committee  next  examined  into  the  actions  of  the  President, 
and  showed  conclusively,  as  they  seemed  to  think,  that  he  did  inter- 
vene with  the  military  power  of  the  Union,  and  did  thereby  suppress 
the  People's  Constitution.  The  report,  after  stating  the  case  against 
the  President,  closed  the  point  with  the  words:  "The  committee 
submit  to  the  House  and  the  country  to  compare  the  facts  with 
the  President's  assertion,  and  to  draw  the  inference."  Next  the 
report  discussed  the  power  of  Congress  in  respect  to  the  matter 
of  the  memorial,  and  concluded  that  Congress  had  the  power  to 
set  aside  a  State  constitution  which  did  not  provide  a  republican 
form  of  government,  and  to  recognize  one  that  did  so  provide. 
The    committee,   however,   did    not    recommend    any    action    by    the 


280  THE     DORR     WAR. 

House  with  regard  to  the  constitution  of  the  State  of  Rhode  Island, 
inasmuch  as  more  than  a  majority  of  the  free  white  male  citizens^ 
etc.,  of  the  State,  voted  at  the  first  election  held  under  the  existing 
constitution.  It  did  recommend  that  Congress  should  pass  some 
law,  "  with  a  view  to  meet  emergencies  like  that  which  [had] 
occurred   in   the   State   of   Rhode    Island." 

The  report  showed,  by  reference  to  a  long  list  of  instances, 
the  tyranny  and  despotism  of  the  charter  authorities,  and  con- 
cluded by  presenting  a  set  of  seven  resolutions :  affirming  the 
equality  of  all  free  men ;  the  right  to  alter  their  government  at 
will ;  the  right  of  the  people  of  Rhode  Island  to  form  a  constitu- 
tion in  their  own  way ;  the  adoption  of  the  People's  Constitution, 
and  that  all  acts  done  under  it  were  legal  until  the  people  assented 
to  the  new  constitution ;  condemning  the  President  of  the  United 
States  for  his  unauthorized  interference ;  and  criticising  the  actions 
of  nine  men  in  Rhode  Island  for  personally  entering  into  the  local 
controversy  while  holding  office  under  the  federal  government. 

^Such  was  the  somevvhile  famous  report  and  such  its  fate.  No 
one  desired  its  adoption  by  the  House,  and  it  died  with  the  House 
that  appointed  the  committee.  The  printed  volume  continued  to 
live,  however,  and  the  thousands  of  copies,  scattered  far  and  wide, 
were  so  many  pieces  of  political  capital.  The  controversies  and 
ill-feelinQ;s  due  to  the  trouble  in  Rhode  Island  have  lone  since 
passed  away,  and  Biirkc''s  Report  has  been  forgotten.  It  is  unfor- 
tunate, however,  that  an  historical  document  of  so  one-sided  a 
nature  should  be  the  only  original  source  of  record  on  this  sub- 
ject which  is  at  all  accessible  to  the  student  of  American  history 
to-day. 


Ai;iiioi<ri  ii'.s.  —  1    S{;e   p.    203.         2    Providence  Journal,    June    2,    1842  ;    Providence  Express, 
(une   2,    T842.        I{    Providence  Journal,    May    28,    1842.        4    Providence   Plxpress,    June    15,    1842. 


congkp:ssional    intkki-krknck.  2<S1 

5  Providence  Express,  June  7,  1842;  Rtpublican  Ihrnld,  June  8,  1842.  (>  Xatimuil  /nt,  //i:;iiuer, 
June  18,  1S42.  7  Rcpuhlican  Herald,  May  25,  1S42.  S  Ne'o  York  Courier  and  liiKjiiirer ,  May 
10,  1842;  rrovidcHce  Journal,  May  11,  1S42.  0  J'rovitieiice  Journal,  October  5.  1842.  10  l'ro-.<- 
idenee  Journal,    November   15,   1842.         11    liurke's   A'epor/.  241-244.  12   Rhode   lslan,l  Manual, 

1896-97.  102.  1;{  'ruriier,  Trial  of  Dorr ,  77.  14  k'epuidieau  Herald,  April  6,  1844.  1.)  Rhode 
Island  Manual,    1896-97,    102.  1(>   Providence  Journal,    April    5,    1844.  17    This   nieiiiorial    is 

given  in  Burkes  Report.  1-4.  IS  Congressional  Glohe,  I  Sess  ,  28  Cou^..  1843-44,  ^''j'  XII,  p. 
295;  House  Journal,  I  Sess.,  28  Cong.,  1843-44,  pp.  419-421.  IJ)  Burke's  Report.  87.  20  Con- 
gressional Globe,  I  Sess.,  28  Cong.,  1843-44,  N'ol.  XIII.  p  356.  21  Congressional  Globe,  I  Sess., 
28  Cong.,  1843-44,  Vol.  XIII.  p.  419.  22  Burkes  Report,  87-92.  2:{  Congressional  Globe, 
I  Sess.,  28  Cong.,  1843-44,  Vol.  XIII.  p.  464  24  Burke's  Report,  91.  2.>  Congressional  Globe, 
I  Sess.,  28  Cong.,  1843-44,  Vol.  XIII,  p.  522  ;  //ouse  Journal,  I  .sess. ,  28  Cong.,  1843-44.  p.  7()5  ; 
House  Doctunents,  I  Sess..  28  Cong.,  1843-44,  Vol.  V,  pp.  4,  5.  2(»  Burke's  Report,  i.  27  Con- 
gressional  Globe.  II  Sess.,  28  Cong.,  1844-45,  Vol.  XIV,  p.  3l.  2S  Congressional  Globe,  II  Sess., 
28  Cong.,  1844-45,  Vol.  XIV,  p.  370. 


CHAPTER    XXII. 


<r 


THE    STRUGGLE    ENDED. 


STEP  by  step  the  conservative  party  had  moved  towards  a 
Hberal  constitution,  and  the  causes  and  result  of  their  move- 
ment may  here  be  briefly  sketched.  Early  in  1841  the  Smith- 
field  memorial  and  the  Dillingham  petition  led  the  General  Assem- 
bly to  issue  a  call  for  a  convention  to  be  held  ten  months  later. 
The  mass  meetings  and  conventions  in  Providence  and  Newport 
during  the  spring  of  1841  caused  the  legislature  to  rectify  the  ap- 
portionment of  delegates  to  that  convention.  The  continued  suf- 
frage agitation,  the  holding  of  the  People's  Convention,  and  the 
declared  adoption  of  the  People's  Constitution  resulted  in  the  act  of 
the  General  Assembly  permitting  such  persons  to  vote  on  the 
adoption  of  the  Freemen's  Constitution  as  would  be  qualified  to  vote 
if  that  constitution  were  adopted. 

"  It  may  be  even  more  difficult  to  adopt  a  constitution  than  it  is 
to  make  one."*^'^  The  Freemen's  Constitution  was  defeated,  March, 
1842.  Again  the  legislature  met  and  discussed  the  constitutional 
issue  :  it  decided  to  let  the  question  go  over  to  the  next  Assembly, 
which  would  meet  the  following  week.  The  newly -elected  body 
met  at  Newport,  in    May,  only  to  find  another  legislature  in  session 


THE     STRliGGI.E     KNDKD.  'iSo 

in  Providence.  This  was  not  the  time,  evidently,  to  make  any  con- 
cessions;  the  contest  was  on.  But  the  Foundry  legislature  col- 
lapsed; the  attack  on  the  arsenal  failed.  Now  was  the  time  to  act;-!^ 
now  was  the  time  for  the  existino;  2:overnment  to  show  that  it  under- 
stood  the  desires  of  the  people.  The  anti-suffrage  organ  saw  that 
it  must  make  great  concessions.  It  at  once  affirmed  as  its  opinion 
that  a  new  convention  must  be  held,  and  that  a  new  constitution 
was  an  absolute  necessity. *'^^  It  even  ventured  the  assertion  that  a 
majority  of  each  house  of  the  legislature  was  of  the  same  opinion  ; 
which  statement  was  duly  copied  in  the  papers  throughout  the 
country.  ^'^^ 

Accordingly,  on  the  second  day  of  the  June  session,  1842,  a  1 
committee  was  appointed,  consisting  of  two  members  from  each 
county,  to  which  all  matters  relating  to  an  extension  of  the  suffrage 
and  the  formation  of  a  new  constitution  mioht  be  referred. '^^  Pe- 
titions  and  memorials  were  coming  in  in  great  numbers.  The 
committee  reported  an  act  calling  a  constitutional  convention,  which 
w^as  adopted  just  before  Governor  Dorr  appeared  at  Chepachet.''^ 
As  has  been  stated,  the  three  important  points  of  this  call  were  the 
new  attempt  to  apportion  the  delegates  from  the  various  towiis ; 
the  permission  that  all  native  males,  of  three  years'  residence,  might 
vote  for  the  delegates ;  and  the  direction  that  the  persons  qualified 
by  the  constitution  which  would  be  formed  might  also  vote  upon  its 
adoption.  At  once,  certain  portions  at  least  of  the  suffragists  ac- 
cepted the  olive  branch.^'''  A  note,  signed  by  Dutee  J,  Pearce  and 
five  other  members  of  the  Foundry  legislature,  appeared,  stating  that 
the  act,  in  most  of  its  provisions,  met  with  their  cordial  approba- 
tion, and  would,  as  a  whole,  receive  their  support.*^''  Other  mem- 
bers of  the  suffrage  party  appeared  in  print,  recommending  the  new 
convention.      Even  the  Express,  though  just  about  to  suspend  pub- 


284  THE     DORR     WAR. 

lication  because  of  martial  law,  in  a  leading  editorial,  advised  its 
friends  to  render  the  convention  their  undivided  support.  "  The 
late  law  of  the  General  Assembly,  containing  in  our  opinions  the 
substance  of  what  we  have  even  contended  for,  we  heartily  recom- 
mend its  provisions  to  the  candor  of  our  friends."'^*  This  liberal 
disposition  of  the  suffrage  or^an  did  not  last,  however. 
■^  A  few  days  later  the  Republican  Herald,  which,  now  that  the 
Express  was  suspended,  considered  itself  the  suffrage  organ,  began 
to  criticise.  It  acknowledged  that  "  the  principles  of  the  Suffrage 
Party  [had  |  gained  a  signal  triumph  over  the  Charter  party,"  but  it 
advised  the  adherents  of  the  People's  Constitution  to  refrain  from 
electing  delegates,  because  of  the  unequal  apportionment,  the  exclu- 
sion of  naturalized  citizens  and  new-comers  from  voting,  and  the 
"reign  of  martial  law."^^-*  Three  days  later  the  Herald  was  em- 
phatic in  its  condemnation  of  the  act,  which  it  claimed  had  been 
"artfully  formed  to  perpetuate  power  in  the  hands  of  the  few,  to 
rule  with  arbitrary  sway,  over  the  many."  It  added  that  "  partici- 
pating in  the  approaching  election  of  delegates "  would  virtually 
condemn  them  "  for  having  voted  for  the  suffrage  constitution. ""^^"^ 

Martial  law  was  suspended  on  the  eighth  of  August,  1842;  a 
wise,  though  late,  step  of  the  charter  government.  It  was,  however, 
a  mistake  merely  to  suspend  it,  for  it  gave  the  enemies  of  the  gov- 
ernment the  opportunity  to  claim  that  the  delegates  to  the  conven- 
tion, chosen  at  the  regular  town  meetings  in  August,  were  elected 
under  "  the  duress  of  military  force  and  the  menace  of  political  per- 
secution."^"^ There  were  no  opposition  candidates  to  the  regular 
law  and  order  tickets,  and  a  very  light  vote  was  cast.  In  the  town 
of  Glocester,  on  motion  of  Samuel  Y.  Atwell,  who  doubtless  voiced 
the  suffrage  party,  the  people  even  voted,  ']^  to  53,  not  to  elect 
delegates.""''      There  is  no  way  of  obtaining  the  exact  vote  cast,  but 


THE    STRUGGLE    ENDED.  z80 

it  was  doubtless  less  than   7,000,  or  less  than  the  gubernatorial  vote 
at  the  previous  election. "'^^ 

The  convention  met  at  Newport,  on  the  twelfth  of  September, '^- 
with  Henry  Y.  Cranston  chairman  and  Thomas  A.  Jenckes  clerk.  "^^ 
It  referred  the  various  subjects  of  which  a  constitution  treats  to 
sub -committees,  and  awaited  their  reports.  Naturally  the  friends 
of  the  People's  Constitution  not  only  held  aloof,  but  were  very  free 
with  their  criticisms.  The  Hci^ald  was  rabid  in  its  opposition.  It 
declared  that  it  doubted  if  an  instrument  would  be  framed  that 
could  be  approved.  The  delegates,  it  said,  "  are  not  the  men  to 
establish  the  rights  of  the  people  on  a  liberal  and  permanent  foun- 
dation."*^^' The  Express,  on  its  re -appearance,  began  more  gently: 
it  even  acknowledged  that  there  were  "  liberal  sentiments  among 
many  of  the  members  which  [were]  ably  advanced  and  [were]  en- 
titled to  the  respect  even  of  the  suffrage  men."^"''  The  next  day 
the  Express  stated  that  the  committee  on  suffrage  had  reported  a 
fair  and  liberal  article;  though  it  had  no  hope  that  the  convention 
would  not  radically  change  it.*^''  Doubtless  this  did  not  please 
the  suffrage  leaders,  for  the  next  day  the  Express  reconsidered. 
"  On  more  carefully  perusing  the  report  of  the  committee  on  Suf- 
frage we  find  reason  to  retract  our  approbation  of  its  liberality, 
which  was  bestowed  on  a  hasty  glance."*''*' 

Before  the  end  of  September  the  convention  had  finished  a  \' 
draft  of  a  constitution  and  adjourned  to  November,  to  allow  the 
delegates  to  ascertain  whether  their  constituents  desired  changes. ^'^' 
The  proposed  constitution  was  published  in  the  newspapers. '^■~'"  The 
Express  declared  that  it  printed  it  in  order  merely  that  the  peo- 
ple's party  might  compare  its  provisions  with  those  of  their  own 
existing  constitution ;  they  would  thereby  be  confirmed  in  their 
opinion   that    the   new  plan   was   inferior   and   would   cling    to    their 


286  THE     DORR     WAR. 

own,  which  was  still  the  fundamental  law  of  the  State.  The  con- 
vention re -assembled,  adopted  the  constitution,  and  submitted  it  to 
the  people,  appointing  the  twenty- first,  twenty- second,  and  twenty- 
third  days  of  November,   1842,  for  the  election. 

One  of  the  reasons  for  the  adjournment  was  a  clause  in  the 
fourth  section  of  the  call  for  the  convention,  reading:  "If  said 
constitution  be  adopted  by  a  majority  of  the  persons  having  a  right 
to  vote,  the  same  shall  go-  into  operation." "^-'^  It  was  evident  that 
the  General  Assembly  did  not  literally  mean  what  it  said  in  that 
clause;  therefore  the  convention,  in  the  following  resolution,  de- 
cided to  ask  the  legislature  to  interpret  it  ofificially : 

"  Whereas,  from  the  manifest  impracticability  of  ascertaining  the 
precise  number  of  persons  that  might  have  a  right  to  vote  on  the 
adoption  of  any  constitution  to  be  submitted  for  adoption  under 
the  provisions  of  the  act  calling  this  convention,  it  is  inferrible 
that  it  is  the  true  intent  of  said  act  that  none  but  those  actually 
voting  should  be  counted;  and  whereas  there  is  an  ambiguity  in 
said  act  in  this  particular :     Therefore, 

"  Resolved,  That  the  General  Assembly  be  requested  to  pass 
such  declaratory  law  as  may  be  deemed  necessary  for  the  plainer 
expression  of  the  intent  and  meaning  of  the  act  aforesaid."  *^~' 

Accordingly  a  declaratory  act  was  passed,  at  the  October  ses- 
sion of  the  legislature,  in  accordance  with  the  request  of  the  con- 
vention.*"^' During  the  fortnight  which  elapsed  between  the  day 
of  the  adoption  of  the  constitution  by  the  convention  and  the  days 
set  for  the  voting  by  the  people,  the  entire  community  watched 
the  attitude  of  the  suffrage,  or  Dorrite,  leaders.  Those  voters  who 
upheld  the  People's  Constitution  as  still  the  fundamental  law  of 
the  State  must,  logically,  either  refrain  from  voting  on  the  pro- 
posed  document  or  vote  against   it.      The  leaders  adopted    the  for- 


THK    STRUGGl.K     KNDKD.  287 

mer  course:     Governor  Dorr  wrote  from  New   Hampshire,  advising 
this   step,   and    editorials   in    the   suffrage   newspapers   recommended 
such   action.      The  Express  gave  as  its  ojiinion   that  every  member^ 
of  the  suffrage  party  would  stay  at  home  on   election  day.  *'^''* 

Why  this  decision  was  made  is  not  clear.  According  to  their 
own  doctrines,  if  this  constitution  received  the  votes  of  a  majority 
of  "  the  people,"  it  would  supersede  the  People's  Constitution.  They 
could  not  deny  the  right  of  the  people  to  propose  a  new  constitu- 
tion, or  to  vote  for  or  against  its  adoption.  They  had  defeated 
one  constitution  by  their  votes  in  the  previous  spring;  might  they 
not  expect  to  accomplish  the  same  result  now  by  voting  against 
this  new  proposition  .f*  No  sufficient  reason  is  apparent  for  bid-<r" 
ding  the  suffragists  not  to  vote,  rather  than  for  advising  them  to 
vote  and  to  vote  "  No."  One  is  led  to  wonder  if  the  Journal  may 
not  have  spoken  wisely  when  it  declared  that  the  "  Dorr  men  dare 
not  come  out  against  the  constitution,  because  they  know  that,  by 
doing  so,  they  would  show  their  own  weakness."  ^"^^^  Is  it  not  pos- 
sible that  they  remembered  the  falling  off  of  their  vote  from  De- 
cember to  March,  and  that  they  did  not  care  now  to  stand  up  and 
be  counted?  At  least,  we  may  say  that  the  result  proved  their v^- 
decision  unwise :  they  threw  away  one  of  the  remaining  chances  of 
showing  themselves  to  be  a  majority  of  the  people. 

Although  the  opposition  refrained  from  voting,  the  constitution  , 
was  adopted  by  a  vote  of  7,032  to  59.  ^~*"  January  13th,  1843,  the 
General  Assembly  counted  the  votes  cast  at  the  November  election, 
and  gave  ofHcial  announcement  that  the  constitution  was  adopted. 
At  the  same  time  the  legislature  passed  an  act,  carefully  regulating 
the  election  laws  so  as  to  adapt  them  to  the  new  regime.*-"' 

The  constitution  of   1842,  as  it  has  been  called,  was  closely  pat-<K 
terned   after  the   Freemen's   Constitution.       One -half  of  the  sections 


288  THE     DORR     WAR. 

in  the  two  constitutions  were  identical,  even  in  the  wording.  One- 
half  of  the  remaining  sections  convey  practically  the  same  ideas, 
though  slightly  changed  in  form  or  words.  Two  sections  of  the 
Freemen's  Constitution  are  not  to  be  found  in  that  of  1842:  one 
ordering  that  a  sixth  part  of  every  direct  tax  should  be  laid  upon 
polls  ;  the  other  continuing  the  Court  of  Probate  until  provided  for 
by  the  legislature.  Three  sections  appear  in  the  later  constitution 
that  are  doubtless  due  to  the  agitation  of  the  summer  of  1842  :  one 
of  these  provided  for  referring  all  acts  creating  corporations  or  mili- 
tary and  fire  companies  to  the  next  legislature ;  the  other  two  ex- 
pressed the  conservative  view  of  governments  and  constitutions,  as 
opposed  to  the  opinions  of  the  upholders  of  the  People's  Constitu- 
tion. ^~^^  Slight  changes  were  made  in  six  other  clauses:  martial 
law  was  restricted  to  cases  of  necessity ;  ^^^^  the  salaries  of  Senators 
and  Representatives  were  fixed  ;^'^°'  a  vote  of  two -thirds  of  the  mem- 
bers of  the  House  was  required  to  impeach  the  Governor  ;'^^'  the 
Secretary  of  State  should  administer  the  oath  to  the  Governor,  in- 
stead of  the  Speaker  of  the  House  ;^^^'  members  of  a  school  com- 
mittee need  not  be  qualified  electors  ;-'^^'  and  the  Supreme  Court 
judges  were  directed  to  give  their  written  opinion  on  any  question 
of  law,  if  requested  by  the  Governor  or  either   House. ^^^^ 

A  The  fundamental  differences  in  the  two  constitutions  lay  in  the 
sections  relating  to  suffrage  and  the  apportionment  of  Senators  and 
Representatives.  By  the  later  constitution  each  town  was  entitled 
to  one  Senator,  and  one  only.  ^^''^  This  was  evidently  a  bid  for  the 
vote  of  the  smaller  towns,  and  was  an  acknowledgment  that  a  town 
had  rights  irrespective  of  its  population.  The  apportionment  of 
Representatives  was  more  nearly  in  proportion  to  the  population 
than  had  been  previously  proposed  by  any  responsible  body.  The 
House  was  to   consist  of  seventy -two  members,  divided  proportion- 


THE     STRir(;(iI,K    KNI^KI).  2(S1) 

afely  among  the  towns  in  accordance  with  the  population  as  shown 
in  each  census.  There  was  one  limitation  on  the  principle:  no  city 
or  town  was  to  be  allowed  more  than  twelve  Representatives,  or 
one-sixth  of  the  entire  membership/*''*  Considering  the  jealousy 
between  the  city  and  the  rural  communities,  considering  the  abso- 
lute chaos  of  views  as  to  apportionment  that  we  have  found  in 
Rhode  Island  in  the  "forties,"  we  must  conclude  that  the  conven- 
tion of  1842  deserves  to  be  complimented  on  the  happy  issue  of 
this  dispute,  which  had  been  a  cause  of  trouble  for  several  decades. 

The  suffrage  qualifications,  by  the  Freemen's  Convention,  dis- 
tinguished naturalized  citizens  owning  the  necessary  real  estate 
from  native-born  citizens  by  requiring  three  years'  residence  instead 
of  one ;  by  the  new  constitution,  one  year's  residence  suffices  for-f 
both  classes. ^^"^  The  two  constitutions  asfreed  in  divine  the  nght  ^ 
to  vote  to  native  male  citizens  who  did  not  own  real  estate,  if 
they  had  had  two  years'  residence. ^'^^^  Herein  they  were  more  con- 
servative than  the  People's  Constitution,  which  placed  the  necessary 
residence  at  one  year  and  opened  the  suffrage  also  to  naturalized 
non- property  owners.  All  three  constitutions  agreed  in  not  per-^ 
mitting  any  but  real  estate  owners  and  tax -payers  to  vote  on 
matters  relating  to  taxation  or  the  expenditure  of  public  moneys. 
The  constitution  of  1842  added  a  new  requirement,  in  the  shape 
of  a  dollar  registry  tax,  upon  all  non -tax -payers  who  should  present 
themselves  to  be  registered,  exempting  persons  who  had  performed 
military  service  during  the  preceding  year.^'^'^^ 

To    what    extent    had    the    most    radical    suffragists,    who    were  -H 

content  with   the    People's   Constitution,  the   right   to  criticise   such 

a  constitution }     They  limited   their  opposition   to  the  two  subjects 

of    apportionment    and    suffrage.      The    apportionment    would    seem 

to-day  to   be   far  more   just  than   that  provided   in   their  own   con- 
37 


200  THE     DORR     WAR. 

stitution.  In  the  matter  of  suffrage  they  had  some  ground  for 
complaint  from  their  point  of  view :  a  few  persons,  those  who  had 
been  in  the  State  twelve  but  not  twenty-four  months,  and  natural- 
ized citizens  not  owning  real  estate,  were  still  deprived  of  the 
privilege  of  voting.  The  first  exclusion  was  of  but  little  account; 
the  second  was  calculated  to  give  power  to  the  rural  communities, 
in  which  the  suffragists  were  strong,  inasmuch  as  foreigners,  natural- 
ized or  unnaturalized,  flocked  to  the  cities  and  large  villages.  The 
suffragists  also  objected  to  the  registry  tax :  all  that  need  be  said 
is  that  the  tax  was  not  compulsory,  and  that  opinions  still  differ 
upon  its  advisability. 

<J^  On  only  one  legitimate  ground  could  the  people's  party  vote 
against  the  constitution  of  1842  or  refrain  from  voting  —  on  the 
ground  that  they  should  still  uphold  the  People's  Constitution,  no 
matter  what  the  result  to  the  State  ;  they  had  no  sufficient  objec- 
tions to  the  document  itself.  When  the  constitution  was  adopted 
by  an  almost  unanimous  vote  of  those  who  went  to  the  polls,  the 
question  came,  what  should  the  people's  party  do  next.'^  They  had 
ignored  the  election,  and  had  not  put  themselves  on  record  against 
the  constitution.  They  did  not  hesitate  to  declare,  however,  that 
it  did  not  replace  their  own  constitution,  inasmuch  as  it  had  not 
received  the  votes  of  a  majority  of  the  people. ^"'^" 

Yet  they  saw  clearly  that  the  constitution  of  1842  was  to  be 
the  dc  facto  fundamental  law  of  the  State.  They  realized  that  the 
People's  Constitution,  whatever  it  might  be  de  jurc\  was  practically 
null  and  void.  The  only  possible  future  for  it  lay  in  reviving  it 
in  accordance  with  the  ordinar}^  forms  of  law.  They  claimed  to 
be  a  majority  of  the  people;  by  the  provisions  of  the  new  consti- 
tution, nearly  all  the  people  could  vote;  there  was  a  chance  open 
to  them  of  obtaining  control  of  the  government  at  the  polls.      There- 


THE    STRIIGGI.K    KNDKD.  2'.ll 

fore  the  suffrage  leaders  advised  tlieir  followers  to  register,""  and 
the  Democratic  Convention,  as  we  have  seen,  fell  into  line."''  Per- 
haps they  were  inconsistent,  but  the  voters,  of  all  political  beliefs, 
followed  the  advice,  and  at  the  April  election  16,520  votes  were 
cast  for  Governor,  nearly  twice  as  many  as  had  been  ever  given 
before;  and  the  gubernatorial  vote  of  1S43  was  not  equalled,  in 
later  years,  until    1852/''^^ 

It  would  be  unjust  to  use  these  figures  as  proofs  of  any.  one 
thing,  except  that  a  majority  of  those  voting  preferred  the  election 
of  Governor  Fenner.  The  claim  that  the  Fenner  vote  represented 
the  an ti- suffragists,  or  the  anti- Dorrites,  and  that  the  Carpenter 
vote  stood  for  the  suffrage,  or  people's,  party,  cannot  be  substan- 
tiated. Governor  Dorr's  suggestion,  already  quoted,""*'  that  the 
people  would  have  won  at  this  election  had  not  some  been  timid 
and  had  deserted  at  the  last  moment,  is  untenable.  The  nine 
thousand  votes  for  the  law  and  order  candidate  cannot  be  lumped 
together.  Many  who  cast  their  votes  for  Fenner  did  so  because  ^ 
he  represented  the  law  and  order  party  and  would  oppose  what 
they  considered  the  anarchical  methods  of  the  opposition  ;  but  some 
were  still  advocates  of  the  old  charter ;  some  had  deserted  the  peo- 
ple's party  for  the  sake  of  quiet  and  peace ;  some  were  satisfied  to 
continue  the  administration  in  power  another  year;  while  a  large 
portion  were  too  partisan  Whigs  to  vote  a  ticket  prepared  by  the 
Democrats.  On  the  other  hand,  though  many  of  the  seven  thou- 
sand voters  for  Carpenter  were  Dorrites  of  the  ultra  stamp,  there 
were  also  among  them  many  who  voted  for  "  the  regular  Demo- 
cratic ticket ;  "  some  who  were  constitutionally  opposed  to  the  exist- 
ing government;  and  some  who  wished  to  voice  their  criticisms  of 
the  treatment  by  the  charter  government  of  its  enemies  after  the  . 
abandonment  of  Acote's    Hill. 


292  THE     DORR     WAR. 

-^  The  last  General  Assembly  under  the  charter  was  in  session 
on  the  first  day  of  May,  1843,  In  grand  committee,  on  that  day, 
it  appointed  a  committee  to  "  be  present  at  and  witness  the  organ- 
ization of  the  government  under  the  constihitiou  adopted  by  the 
people  of  this  State  in  November  last ;  "  and  directed  them  to  re- 
port as  soon  as  the  organization  was  completed  "  in  conformity  to 
the  provisions  of  said  constitution ;  "  in  order  that  they  might  know 
when  their  "functions  should  have  constitutionally  passed  into  the 
hands  of  those  who  have  been  legally  chosen  by  the  people  to  re- 
ceive and  execute  the  same."*^°^  The  committee  reported  on  the 
next  day  that  they  had  attended  to  their  duty ;  that  the  Senate  and 
House  of  Representatives  under  the  constitution  had,  that  day,  been 
duly  organized;  and  that  the  "powers  of  the  government  as  organ- 
ized under  the  charter  had  ceased."  Thereupon  the  grand  com- 
mittee resolved  "that  the  Report  be  accepted  and  that  the  General 
Assembly  be  and  the  same  is  hereby  dissolved." 

Thus,  on  May  2,  1843,  after  an  honored  existence  of  one  hun- 
dred and  eighty  years,  the  charter  of  King  Charles  the  Second 
ceased  to  be  the  fundamental  law  of  the  State  of  Rhode  Island 
^  and  Providence  Plantations.  After  an  intermittent  struQ:orle  of 
nearly  two -thirds  of  a  century  and  a  violent  contest  of  more  than 
two  years,  including  an  armed  rebellion  of  two  months,  the  people 
of  the  State  replaced  the  time-worn  royal  charter  by  a  constitu- 
tion modeled  upon  a  more  modern  pattern.  Twice  the  voters  had 
vetoed  the  call  for  a  constitutional  convention  ;  once  a  convention 
had  labored  in  vain  to  prepare  a  constitution  ;  twice  constitutions 
prepared  by  conventions  had  been  defeated.  Once  a  constitution, 
framed  in  direct  opposition  to  the  existing  government,  declared 
to  be  adopted  by  its  framers,  under  which  a  full  State  government 
had   been  chosen   and   a  legislature   organized,  and   for   the   support 


THE    STRUGGLE    ENDED.  293 

of  which  civil  war  had  been  undertaken,  had  failed  dc  facia  be- 
cause of  the  irregular  and  non- legal  method  of  adoption,  the  timid 
character  of  the  revolutionists,  and  the  failure  of  their  arms;  and 
it  was  destined  to  be  refused  the  recofjnition  of  the  legislative  and 
judicial  departments,  as  well  as  the  executive  branch,  of  the  national 
government.  After  all  these  failures,  a  constitution  w^as  obtained,^ 
which,  while  it  did  not  receive  an  affirmative  vote  of  a  majority  of 
"  the  people "  upon  its  adoption,  was  accepted  by  a  large  majority, 
as  is  shown  by  the  vote  in  April,  which  was  cast  by  fully  two- 
thirds  of  the  possible  voters  of  the  State. 

Under  this  constitution  the  people  of  Rhode  Island  have  since 
lived  and  prospered  for  more  than  fifty -five  years.  Amendments 
have  been  adopted,  from  time  to  time,  slightly  modifying  its  provis- 
ions. Since  1854  the  General  Assembly  has  been  freed  from  the 
necessity  of  counting  the  votes,  and  has  not  been  required  to  hold 
sessions  in  more  than  two  places.  In  the  same  year  an  amendment 
was  adopted,  giving  the  power  of  pardon  to  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate.  Forty -six  years  after 
the  Dorrite  suffragists  vainly  demanded  equal  suffrage  rights  for 
native-born  and  naturalized  citizens,  an  amendment  to  that  purport 
was  adopted.  In  1893  plurality  elections  were  substituted  for  ma- 
jority elections  in  all  cases. 

Three  or  four  attempts  have  been  made  to  replace  the  constitu- 
tion by  a  more  modern  document,  but  each  has  failed.  In  1853 
the  voters  were  twice  asked  to  call  a  convention  to  "  frame  a  new 
constitution,"  and  to  "  revise  the  constitution,"  but  they  refused  by 
votes  of  4,570  to  6,282,  and  3,778  to  7,618.^^'^  After  an  interval 
of  about  forty  years  the  proposition  of  a  new  constitution  was  again 
broached.  The  method  of  amendment  provided  by  the  constitution 
of   1842  seemed  too  complicated  to  many  citizens  of  Rhode   Island, 


294  THE     DORR    WAR. 

and  for  a  time  the  old  question  of  constitution -making  came  to  the 
front.  Arguments  for  and  against  the  power  of  a  convention  to 
frame  a  constitution  without  regard  to  the  existing  fundamental  law 
appeared  in  the  newspapers,  and  a  pamphlet  war  was  begun.  Soon, 
however,  the  matter  quieted  down,  and  the  constitution,  as  a  whole, 
remained  undisturbed  for  a  dozen  years. 

In  January,  1897,  the  General  Assembly  created  a  commission  of 
fifteen  persons  to  revise  the  constitution  of  the  State  and  report 
such  revision  to  the  Assembly,  as  a  preliminary  to  its  submission  to 
the  voters  as  an  amendment. ^^^^  In  January,  1898,  the  commission 
reported  a  revised  constitution,  which  was  unanimously  approved  by 
the  legislature.  A  new  Assembly  was  chosen  in  April,  which  again 
approved  the  document,  with  few  dissenting  votes,  and  submitted  it 
to  the  people.  The  electors  voted  on  the  adoption  at  the  con- 
gressional election,  November  8th,  1898,  and  failed  to  ratify  it: 
though  the  affirmative  vote  greatly  exceeded  the  negative,  it  fell 
short  of  the  necessary  three -fifths  more  than  a  thousand. 

The  important  changes  proposed  in  this  revision  were  few.  The 
required  residence  of  all  classes  of  voters  was  put  at  one  year; 
ability  to  read  and  write  was  to  be  required  of  all  future  new 
voters;  the  number  of  Representatives  was  to  be  increased  from 
seventy -two  to  one  hundred,  and  Providence  to  be  allowed  one- 
quarter  (twenty-five)  instead  of  one-sixth  (twelve)  ;  towns  and  cities 
were  to  be  divided  into  representative  districts ;  the  Governor  was 
given  more  power,  especially  the  veto,  and  was  relieved  from  the 
duty  of  presiding  over  the  Senate ;  biennial  elections  were  to  take 
the  place  of  annual,  and  new  provisions  were  made  for  amending 
the  constitution. 

In  analyzing  the  vote  of  1898,  no  one  reason  can  be  given  for 
the  defeat  of  the  constitution.      The  vote  was   light,  as   it   came   at 


Till';    STRUfJGI.E     KNDED. 


the  relatively  unimportant  election  of  congressman.  Four  of  the 
five  cities  favored  the  constitution,  though  Providence  alone  gave 
it  the  necessary  three -fifths  vote.  This  would  seem  to  indicate  an 
opposition,  outside  of  the  metropolis,  to  increasing  its  power  in  the 
Assembly.  The  southern  part  of  the  State  showed  the  greatest 
opposition,  and  perhaps  this  also  may  be  attributed  to  jealousy  of 
Providence.  As  a  rule,  the  most  thinly- populated  towns  voted 
strongly  against  the  proposed  constitution:  their  interests  are  most 
unlike  those  of  large  cities.  Doubtless  the  educational  requirement 
for  future  voters  was  opposed  by  some,  and  probably  the  fact  that 
the  constitution  was  proposed  by  a  Republican  legislature  made  it 
objectionable  to  some  Democrats.  It  is  generally  believed,  however, 
that  the  principal  trouble  lay  in  the  proposition  for  biennial  elec- 
tions. When  it  is  remembered  that  up  to  1843  semi-annual  elec- 
tions were  held,  and  that  up  to  the  present  time  semi-annual 
sessions  of  the  legislature  are  required,  it  is  easy  to  understand 
why  belief  in  the  necessity  for  frequent  elections  is  so  strong. 
An  earlier  amendment  authorizing  biennial  elections  had  been 
defeated. 

One  fact  is  evident  from  this  vote.  The  old-time  geographical 
divisions  had  little  or  no  influence  upon  it.  Some  towns  that  per- 
sistently upheld  Governor  Dorr  gave  large  majorities  for  this  new 
constitution,  while  others  as  strongly  opposed  it.  Burrillville  gave 
more  than  the  required  three-fifths  vote  in  its  favor,  w^hile  the  old 
Smithfield  gave  a  majority  against  it,*^^'  and  Glocester  was  about 
evenly  divided  on  the  question.  At  any  rate,  we  may  accept  the 
vote  as  showing  that  the  civil  war  of  1842  is  finally  ended.  The 
old  parties  are  broken  up ;  the  old  issues  are  at  an  end.  The 
demands  of  Dorr  and  his  friends  are  practically  all  granted,  and 
"  The    Struggle    for   a    Constitution    in    Rhode    Island  "    has    ended 


290  THE     DORR     WAR. 

in  the  adoption  of  a  constitution  which,  with  its  amendments,  the 
people  refuse  to  supersede  even  by  one  constructed  by  the  leading 
talent  of  the  State. 


AuTHOKiriES.  —  1  Providence  Journal,  September  27,  1842.  2  See  page  200.  3  Natioval 
Infel/i^^encer,  June  2,  1842.  4  Providence  Journal,  June  22,  1S42.  5  Rhode  Island  Acts  and 
Resolves.  June,  1842,  pp.  3-5  ;  Burke's  Report,  444-446.  G  Wayland,  Discourse  of  July  21,  184-2, 
pp.  4.  5.  7  Providence  Journal .  June  27,  1842.  H  Providence  Express,  June  27,  1S42.  {)  Repub- 
lican Herald,  August  3,  1842.  10  Republican  Herald,  August  6,  1842.  11  Burke's  Report,  21. 
12  Providence  Journal,  September  i,  1S42.  13  Providence  Journal,  September  14,  1842.  W  Jour- 
nal of  the  Constitutional  Conz'ention,  1842.  15  Republican  /lerald,  September  17,  1842.  10  The 
New  Age,  September  19,  1842.  17  l^rovidence  Express,  September  19,  1842.  18  Providence 
Express,  September  20,  1842.  15)  Providence  Express,  October  i,  1S42  ;  1-iepublican  Herald, 
October  5,  1842.  20  Providence  Journal,  October  12,  1842  ;  Providence  Express,  October  15,  1842. 
21  Burke  s  Report,  445.  22  Burke's  Report,  647.  23  Rhode  Island  Acts  and  Resolves,  October, 
1842,  p.  42;  Burke's  Report,  64S.  24-  Providence  Express,  November  11,  1842.  25  Providence 
Journal,  November  14,  1842.  2<>  Rhode  Island  Manual,  1896-97,  p.  129.  27  Rhode  Island 
House  Journals,  January  13,  1843  ;  Rhode  Island  Acts  and  Resolves,  January,  1843,  pp.  9  and  36. 
2S  .\rticle  I,  Sections  i  and  2  :  "  Section  i.  In  tlie  words  of  the  feather  of  his  country,  we  declare 
tliat  '  the  basis  of  our  political  systems  is  the  right  of  the  people  to  make  and  alter  their  constitutions 
of  government  ;  but  that  the  constitution  which  at  any  time  exists,  till  changed  by  an  explicit  and 
authentic  act  of  the  whole  people,  is  sacredly  obligatory  upon  all.'  Section  2.  All  free  govern- 
ments are  instituted  for  the  protection,  safety,  and  happiness  of  the  people.  All  laws,  therefore, 
should  be  made  for  the  good  of  the  whole  ;  and  the  burdens  of  the  State  ought  to  be  fairly  dis- 
tributed among  its  citizens."  29  Article  I,  Section  18.  30  Article  IV,  Section  11.  31  Article 
XI,  Section  i.  32  Article  IX,  Section  5.  33  Article  IX,  Section  i.  34  Article  X,  Section  3. 
35  Article  VI,  Section  i.  36  Article  V,  Section  i.  37  Article  II,  Section  i.  38  Article  II, 
Section  2.  39  Article  II,  Section  3.  40  Burke's  Report,  2i.  41  Providence  Express,  Decem- 
ber 29,  1842.  42  See  page  278.  43  Rhode  Island  Manual,  1896-97,  p.  102.  44  Though  the 
law  and  order  party  was  composed  mainly  of  Whigs,  it  had  a  large  quota  of  anti  -  Dorrite  Democrats. 
When,  therefore,  the  party  nominated  its  candidates  for  general  State  ofificers,  party  lines  were  prac- 
tically ignored.  Of  the  five  State  officers,  Ciovernor  James  Fenner  and  Attorney -General  Joseph  M. 
l>lake  had  been  life -long  Democrats;  Lieutenant-Governor  Byron  Diman,  Secretary  of  State  Henry 
Bowen,  and  General  Treasurer  Stephen  Cahoone  were  Whigs.  45  See  page  279.  40  Rhode 
Islaiid  Acts  and  Resolves,  May,  1843,  pp.  3  and  4.  47  Rhode  Island  ]\Tanual,  1896-97,  p.  130. 
4S  This  commission,  as  appointed  by  Governor  Henry  Lippitt,  consisted  of  Thomas  Durfee,  Chair- 
man ;  Samuel  W.  K.  Allen,  Edward  1,.  Freeman,  William  W.  Blodgett,  David  S.  Baker,  Samuel 
Bomroy  Colt,  John  H.  Stiness.  I''.  Charles  I'rancis,  Robert  H.  I.  Goddard,  Charles  E.  Gorman,  Edwin 
I).  .McGuinness,  Augustus  S.  .Miller,  William  B.  Sheffield,  Jr.,  William  B.  Weeden,  and  Nathan  Y. 
Dixon.  On  the  tleath  of  the  last  named,  Ellery  11.  Wilson  was  appointed  to  take  his  place.  The 
commission  was  remarkably  representative  and  could  not  fail  to  carry  great  weight.  The  different 
jjolitical  parties.  Senators,  Representatives,  .Mayors,  Judges,  Attorneys,  Merchants,  Manufacturers, 
Bankers,  Economists,  Historians,  were  all  represented  on  the  l?oard.  The  fact  that  these  men  could 
agree  on  a  constitution  ought  to  have  had  its  influence  upon  the  electors.  49  This  town  has  been 
iHvided,  since    1842    into   live  jiarts,  but  the  statement  in   the  text  is  true. 


CHAPTER    XXIII. 


CONCLUSION. 

TT  remains  to  summarize  the  results  of  the  Dorr  rebellion,  both 
in  its  effect  upon  the  State  of  Rhode  Island  and  in  its  rela- 
tion to  national  and  constitutional  issues.  Little  did  Dr.  J.-^ 
A.  Brown  realize,  when  he  organized  the  State  Suffrage  Associa- 
tion and  established  the  N'civ  Age  at  his  own  expense,  in  1840, 
that  within  three  years  a  civil  war  would  take  place  in  Rhode 
Island;  that  many  of  his  friends  would  be  indicted  for  high  trea- 
son ;  and  that  he  himself  would  be  a  fugitive  from  his  native  State 
and  a  resident  of  Delaware.  Much  less  did  he  realize  that  he  was 
inaugurating  a  strife  which  would  bring  to  the  front  constitutional 
issues  of  as  great  import  as  had  appeared  at  any  time  during  the 
half  century  of  the   United  States  under  the  constitution. 

What  did  the  agitation  accomplish .?  The  end  sought  by  At--^ 
well,  Carpenter,  Pearce,  and  Dorr  was  a  new  and  liberal  constitu- 
tion. Without  the  agitation,  it  is  fair  to  say  no  such  constitution^ 
could  have  been  obtained.  At  no  time,  early  in  the  contest,  would 
the  freemen  have  yielded  so  much  to  the  suffragists.  Whether  the 
form  of  the  movement  be  approved  or  not,  it  must  be  acknowl- 
edged   that,   almost   entirely   because   of   the   agitation,   the   constitu- 

38 


2'J8  THE     DORR     WAR. 

tion    which    went    into    effect    in    May,    1843,   was    Hberal    and    well 
adapted  to  the  needs  of  the  State. 

"  A  revolution  is  the  overthrow  of  one  government  and  the  sub- 
stitution of  another."  Therefore  the  movement  in  Rhode  Island 
would  ordinarily  be  called  an  attempted  revolution.  No  one  can 
question  the  fact  that  the  people's  government,  inaugurated  in  May, 
1842,  was  a  different  government  from  that  under  the  charter — 
that  it  was  a  new  government  intended  to  be  substituted  for  an- 
other, which  was  considered  thereby  to  have  been  overthrown.  The 
question  of  importance  in  this  connection  is  whether  the  revolution 
was  or  was  not  justifiable, 

.'  The  change  of  character  at  about  the  middle  of  May,  1842, 
should  not  be  overlooked.  Before  Governor  Dorr  returned  from 
Washington  and  New  York,  the  revolution  was  peaceful ;  after  his 
return  it  became  military.*  An  armed  revolution  in  Rhode  Island  in 
1842  was  manifestly  unjustifiable.  The  people  of  that  State  were 
not  oppressed  to  an  extent  sufficient  to  warrant  them  to  take  up 
arms  to  ri"ht  their  wrongs.  From  the  minute  that  Governor  Dorr 
appealed  to  arms  the  revolution  became  a  mere  rebellion.  This 
movement  to  establish  the  people's  government  and  to  overthrow 
the  existing  government  by  force  can  have  no  upholders  to-day. 

That  the  peaceful  revolution  was  unjustifiable  is  not  so  clearly 
apparent:  a  revolution  which  causes  no  loss  of  life  and  no  blood- 
shed may  be  proper  when  an  armed  movement  would  be  a  crime. 
It  may  be  urged  that,  inasmuch  as  the  revolution  produced  a  suit- 
able constitution,  which  it  had  been  impossible  to  obtain  otherwise, 
the  whole  movement  was  defensible  and  right.  But  can  it  be  proved 
that  a  liberal  constitution  might  not  have  been  obtained  without 
going  to  such  great  lengths }  Would  not  an  agitation  pure  and  sim- 
ple  have   accomplished   the   purpose   as   well  ?      Had   the   history  of 


CONCLUSION.  299 

previous  movements   been   such   as  to  warrant  the  belief   that   noth- 
ing could  be  expected  from  the  existing  government? 

The  suffrage  agitators,  it  has  been  seen,  from  the  very  begin- 
ning, ignored  the  charter  government.  The  Smithfield  memorial, 
the  Dillingham  petition,  the  various  motions  of  Mr,  Atwell  in  the 
House,  were  not  the  work  of  the  suffrage  leaders.  They  took  it  for 
granted  that  nothing  could  be  obtained  from  the  freemen  or  their 
representatives:  they  would  not  concede  the  possibility  that  agita- 
tion alone  would  accomplish  anything.  Herein  they  were  in  error. 
The  Smithfield  memorial  started  a  legitimate  movement :  the  suf- 
frage processions  led  to  a  more  liberal  convention  :  the  expression 
of  opinion,  shown  by  the  attendance  at  the  so-called  town -meet- 
ings of  the  suffragists  in  December,  caused  the  Assembly  to  open 
the  suffrage  in  the  vote  on  the  Freemen's  Constitution ;  and  the 
liberal  nature  of  this  constitution  was  due  to  the  agitation.  Agita- 
tion, not  revolution,  was  the  proper  course  to  take.  It  is  evident 
that  when  the  freemen  saw  that  the  people  demanded  recognition, 
and  that  the  demand  was  something  more  than  a  passing  desire, 
they  conceded  what  was  asked.  Though  the  Freemen's  Constitu- 
tion was  not  all  that  was  desired,  yet  its  adoption  would  have  been 
a  long  step  forward,  and  all  that  the  suffragists  could  legitimately 
expect.  Other  steps  might  well  follow.  The  armed  revolution  was 
unnecessary:  the  peaceful  revolution  led  to  the  use  of  force,  and 
must  inevitably  do  so.  Agitation  alone  would  have  served  the  pur-\f^ 
pose;  and  it  must  be  concluded  that  the  peaceful  revolution  was 
unnecessary,  and,  therefore,  unjustifiable. 

The  suffragists  claimed,  however,  that  the  adoption  of  their  con-  "^ 
stitution  and  the  establishment  of  their  government  was  not  a  revo- 
lution,     "  The  people,"  they  declared,  "  had  the  right,  at   any  time, 
in    any   way,   and    on    any    occasion,    to    change    their    government," 


300  THE     DORR     WAR. 

While  the  Dorr  rebelhon  cannot  be  said  to  have  given  a  final  de- 
cision on  this  question,  it  is  certain  that  this  struggle  made  plain 
that  "  the  people  "  are  the  "  organized  people ; "  that  a  new  consti- 
tution must  be  adopted  in  accordance  with  the  forms  of  law;  and 
that  its  adoption,  if  not  strictly  legal,  must  be  held  to  be  revolu- 
tionary. 

"  But,"  said  the  suffragists,  "  it  would  be  revolutionary  in  a 
monarchical  country;  but  in  a  democratic  country,  like  the  United 
States,  it  has  become  legal.  Our  declarations  and  conventions  rec- 
ognize the  right  of  the  people  outside  of  all  organizations,  to  act 
for  themselves."  The  reply  that  came  was  clear  and  distinct : 
"  Revolution  is  not  to  be  regulated  by  law.  This  is  an  appeal 
against  the  law  and  the  government.  Allegiance  to  the  government 
is  violated  by  such  non-legal  proceedings  and  such  violation  is  re- 
bellion and  treason."  The  upholders  of  the  "  legal  right  of  revolu- 
tion," if  we  can  couple  such  words,  were  unable  to  make  good  their 
claim :  the  Rhode  Island  struggle  ended  by  emphasizing  the  fact 
that  an  irregular  exercise  of  sovereignty,  like  that  of  the  suffrage 
movement  of  1841  and  1842,  could  not  be  called  legal,  and  was 
revolutionary. 

Could  not  the  civil  strife  resulting  from  this  revolutionary  move- 
ment have  been  avoided  ?  Was  there  no  authority  to  which  the 
contesting  parties  might  have  appealed  ?  Naturally,  .the  thought 
turns  to  the  national  government.  Could  it  be  an  arbiter  in  such 
State  matters.''  If  so,  to  which  branch  of  the  national  government 
should  an  appeal  be  made  ?  Having  no  precedents  to  guide  them, 
each  party  appealed  to  the  executive  power  of  the  Union,  which 
was  centered  in  an  individual,  and  hence  would  work  more  swiftly 
than    the    other    branches    of    the    government.     But    the    President 


CONCLUSION.  301 

would  not  take  the  position  that  he  was  "  an  armed  arbitrator 
between  the  people  of  the  different  States  and  their  constituted 
authorities."  He  could  only  "  respect  the  requisitions  of  that  gov-  ^l 
ernment  which  had  been  recognized  as  the  existing  government  of 
the  State,"  until  he  had  been  "  advised,  in  regular  manner,  that  it 
had  been  altered  and  abolished,  and  another  substituted  in  its  place 
by  legal  and  peaceable  proceedings,  adopted  and  pursued  by  the  au- 
thorities and  people  of  the  State."  Should  it  be  necessary,  he 
would  use  the  national  army  and  navy  to  quell  any  insurrection 
against  a  recognized  government. 

If  the  executive  branch  of  the  national  government  failed  as  an 
arbiter,  could  not  the  legislative  branch  be  called  upon  .f*  Congress 
had  turned  over  to  the  President  the  power  to  give  aid  to  the  gov- 
ernment of  any  State,  and  therefore  it  must  be  approached  from 
some  other  side.  Let  the  new  government  elect  Representatives  toV— - 
Congress  or  choose  a  United  States  Senator  at  a  fitting  time:  then, 
surely,  the  contest  would  be  thrown  into  the  national  legislature. 
But  the  People's  Government  was  too  short  lived  to  accomplish  this 
result,  and  not  until  1844  was  any  attempt  made  to  bring  the  matter 
directly  before  the  House  of  Representatives.  The  memorial  from.^?^ 
the  minority  of  the  General  Assembly  asked  Congress  to  determine 
if  the  Rhode  Island  Representatives  were  entitled  to  their  seats ;  to 
inquire  if  the  President  of  the  United  States  had  the  power  to 
"interfere"  in  the  affairs  of  Rhode  Island;  and  to  act  as  arbitrator 
"in  favor"  of  that  constitution  and  government  which  had  not  been 
in  force  for  nearly  two  years,  if  it  had  ever  had  any  real  existence. 
The  contest  had  become  an  old  story  long  before  this  time,  and  the 
House  of  Representatives  took  no  pains  to  make  an  official  re- 
sponse.    Had  circumstances  been  different,  it  surely  would  seem  as 


302  .  THE     DORR     WAR. 

if  Congress  might  easily  be  the  higher  authority  to  which  such  State 
disputes  might  be  referred,  provided  that  two  sets  of  Representa- 
tives should  be  chosen  by  the  respective  contesting  governments. 

An  appeal  was  also  made  to  the  national  judiciary,  only  to  be 
met  by  the  reply  that  such  matters  were  not  within  the  province  of 
the  courts.  "The  power  to  determine  that  a  State  government  has 
been  lawfully  established  is  not  one  of  the  powers  which  the  courts 
of  the  United  States  possess."  Neither  was  it  one  of  the  powers 
of  the  courts  of  the  State  itself.  Not  only  was  this  doctrine  afifirmed 
by  the  Supreme  Court  of  the  State  of  Rhode  Island,  but  that  de- 
cision was  ratified  by  the  Supreme  Court  of  the  United  States. 
The  judiciary  has  no  power  to  deal  with  political  questions  as  such. 
j^  The  federal  judiciary,  as  well  as  the  national  executive,  thus 
positively  refused  to  act  as  arbitrator  between  rival  State  govern- 
ments. The  courts  of  the  nation  recognized  the  de  facto  govern- 
ment only;  the  President  of  the  United  States  was  prepared  to 
put  down  rebellion  against  the  authorities  legally  in  power.  The 
only  arbitrator  possible  was  the  national  legislature,  and  no  proper 
request  was  made  upon  Congress  to  decide  the  matter. 

Individual  States,  however,  were  ready  with  their  advice.  Legis- 
latures and  party  conventions  did  not  hesitate  to  denounce  President 
and  Governor  alike.  Mass  meetings  in  the  great  cities  hurled  their 
anathemata  at  the  freemen  of  Rhode  Island.  To  the  quiet 
citizen  of  to-day  such  an  agitation  seems  strange.  New  York 
might  be  interested  in  a  political  contest  in  Rhode  Island  at  the 
present  time,  but  its  legislature  would  hardly  feel  called  upon  to 
place  itself  on  record  for  or  against  one  of  the  contesting  parties. 
In  the  days  when  the  States  were  more  ready  than  ever  to  stand 
up  for  their  own  rights  as  sovereign  members  of  the  Union,  "  inter- 
ference "  of  other  States  in  the  affairs  of  Rhode  Island  was  unusual 


CONCLUSION.  dOo 

and  baneful.  Even  the  editor  of  the  suffrage  newspaper,  in  after 
years,  declared  that,  in  his  judgment,  the  history  of  the  Dorr  rebel- 
lion "should  serve  as  a  perpetual  warning  against  intermeddling. 
If  the  Democrats  of  other  States  had  left  Rhode  Island  to  herself,^ 
if  Governor  Morton  of  Massachusetts,  Governor  Hubbard  of  New 
Hampshire,  Governor  Cleaveland  of  Connecticut,  if  the  leading 
Democrats  of  New  York  City  had  permitted  the  people  of  Rhode 
Island  to  settle  their  own  disputes,  there  would  have  been  no 
serious   trouble." 

However,  we  should  not  be  too  severe  with  these  "  foreigners," 
as  the  charter  party  called  them.  They  did  not  understand  the 
contest.  To  them  it  was  a  question  of  liberty  battling  with  tyranny. 
To  them  Governor  Dorr  was  fighting  for  justice,  and  when  he  fled 
he  became  a  martyr.  It  is  not  strange  that  they  were  unwilling  to 
send  him  back  to  Rhode  Island,  notwithstanding  that  the  Consti- 
tution of  the  United  States  directed  State  executives  to  return 
fugitives  from  justice  when  requested.  Though  the  refusals  of 
Governors  Cleaveland  and  Hubbard  to  honor  Governor  Kincy's 
requisitions  were  based  upon  mere  subterfuges,  still  they  held 
good :  the  Constitution  of  the  United  States  in  no  way  provides 
a  means  to  make  the  "  shall  "  of  the  provision  for  returning  a 
fugitive  have  any  imperative  value. 

Nor  can  w^e  wonder  that  friends  of  Governor  Dorr  hesitated  to 
return  him  to  Rhode  Island  and  place  him  in  the  j^ower  of  the 
charter  authorities.  The  course  pursued  by  Governor  King  and 
his  subordinates,  during  those  six  weeks  of  martial  law,  was  not 
such  as  to  indicate  that  justice  would  be  done  if  Governor  Dorr 
fell  into  the  hands  of  his  enemies.  Martial  law,  declared  by  a  -^ 
legislature  over  an  entire  State,  and  enforced  for  a  month  and  a 
half  after  the  last  vestige  of  the  rebellion   had   disappeared,  was  so 


304  THE     DORR     WAR. 

entirely  unnecessary  and  out  of  place  in  a  democratic  republic  that 
it  almost  defeated  and  destroyed  the  victorious  government. 

The  friends  of  Governor  Dorr  were  not  wrong  in  fearing  to 
return  him  to  Rhode  Island.  Though  twenty- one  months  inter- 
vened between  the  flight  from  Acote's  Hill  and  the  trial  of  the 
People's  Governor,  yet  the  animosity  of  the  "  powers  that  were " 
seemed  to  be  as  strong  as  ever ;  and  the  defendant  and  his  counsel 
^  had  a  share  in  making  the  trial  a  successful  comedy.  To  try  to 
prove  that  treason  against  a  State  was  an  impossibility;  to  attempt 
to  show  that  the  Constitution  of  the  United  States  by  implication 
took  from  the  individual  States  the  power  to  protect  themselves 
from  traitors ;  and  to  declare  that  even  when  the  Constitution  spoke 
of  a  fugitive  from  justice  charged  with  treason  such  treason  must 
be  treason  against  the  United  States,  was  futile.  And  yet  the 
country  at  large  could  not  ignore  the  issue :  if  the  State  of  Rhode 
Island  could  know  no  traitors,  neither  could  New  York  nor  Penn- 
sylvania ;  if  Governor  Dorr  had  protected  himself  by  this  subter- 
fuge, John  Brown  might  fitly  have  claimed  a  like  liberation  from 
the  State  of  Virginia  in   1859. 

The  greatest  weakness  in  the  whole  affair  was  the  last  attempt 
of  the  legislature  to  show  its  omnipotence.  We  smile  at  the  action 
of  the  Rhode  Island  General  Assembly  in  directing  that  lines  be 
drawn  through  the  official  record  of  a  trial  by  the  Supreme  Court, 
thereby  "  rendering  the  sentence  null  and  void  and  as  if  it  had 
never  been  rendered;"  —  but  we  smile  because  we  have  a  fixed 
notion  that  there  must  be  three  distinct  branches  of  government, 
each  supreme  in  its  own  sphere.  This  final  act  in  the  history  of 
Thomas  Wilson  Dorr  is  a  reminder  of  the  older  idea  that  parlia- 
ment or  the  legislature  must  be  supreme  in  a  democracy;  and  it 
calls    attention    to    the    fact    that,   in    one    State,   at    least,   this    idea 


CONCI.USION.  305 

continued  even  to    1843,  and    that   it  cropped   out   again  as   late   as 
1854. 

This  action  of  the  legislature,  a  dozen  years  after  the  Dorr 
rebellion,  was  the  result  of  a  sudden  effervescence  of  sympathy  for 
the  dying  Governor.  The  entire  community  was  at  peace ;  the 
constitution  was  working  well  and  was  satisfactory  to  a  large  ma- 
jority of  the  people.  The  wounds  caused  by  the  civil  strife  were 
beginning  to  heal.  The  dawn  of  a  new  day  had  come  to  the  State, 
which  was  destined  to  progress  steadily  and  surely  towards  the 
prosperous    condition    of    to-day. 


39 


APPENDIX     A. 


THE    CHARTER, 

GRANTED    BY    KING    CHARLES    II. 


Charles  the  Second,  by  the  Grace  of  God,  King  of  England,  Scotland, 
France  and  Ireland,  Defender  of  the  Faith,  &c.,  to  all  to  whom  these  presents 
shall  come,  greeting :  Whereas,  we  have  been  informed,  by  the  humble  peti- 
tion of  our  trusty  and  well -beloved  subject,  John  Clarke,  on  the  behalf  of 
Benjamin ^^'^  Arnold,  William  Brenton,  William  Codington,  Nicholas  Easton, 
William  Boulston,  John  Porter,  John  Smith,  Samuel  Gorton,  John  Weeks, 
Roger  Williams,  Thomas  Olney,  Gregory  Dexter,  John  Coggeshall,  Joseph 
Clarke,  Randall  Holden,  John  Greene,  John  Roome,  Samuel  Wildbore,  Wil- 
liam Field,  James  Barker,  Richard  Tew,  Thomas  Harris,  and  William  Dyre, 
and  the  rest  of  the  purchasers  and  free  inhabitants  of  our  island,  called 
Rhode  Island,  and  the  rest  of  the  colony  of  Providence  Plantations,  in  the 
Narragansett  Bay,  in  New  England,  in  America,  that  they,  pursuing,  with 
peaceable  and  loyal  minds,  their  sober,  serious,  and  religious  intentions,  of 
godly  edifying  themselves,  and  one  another,  in  the  holy  Christian  faith  and 
worship,  as  they  were  persuaded  ;  together  with  the  gaining  over  and  con- 
version of  the  poor  ignorant  Indian  natives,  in  those  parts  of  America  to 
the  sincere  profession  and  obedience  of  the  same  faith  and  worship,  did,  not 
only  by  the  consent  and  good  encouragement  of  our  royal  progenitors,  trans- 
port themselves  out  of  this  kingdom  of  England  into  America,  but  also,  since 


(ft)  This   is   evidently  an  error    for  Benedict.      This   charter   is   reprinted   from  the  State    Manual;    is 
essentially  a  copy  of  the  original,  except  capitalization  and  punctuation. 


308  THE     DORR     WAR. 

their  arrival  there,  after  their  first  settlement  amongst  other  our  subjects  in 
those  parts,  for  the  avoiding  of  discord,  and  those  many  evils  which  were 
likely  to  ensue  upon  some  of  those  our  subjects  not  being  able  to  bear,  in 
these  remote  parts,  their  different  apprehensions  in  religious  concernments,  and 
in  pursuance  of  the  aforesaid  ends,  did  once  again  leave  their  desirable  sta- 
tions and  habitations,  and  with  excessive  labor  and  travel,  hazard  and  charge 
did  transplant  themselves  into  the  midst  of  the  Indian  natives,  who  as  we  are 
informed,  are  the  most  potent  princes  and  people  of  all  that  country ;  where, 
by  the  good  Providence  of  God,  from  whom  the  Plantations  have  taken  their 
name,  upon  their  labor  and  industry,  they  have  not  only  been  preserved  to 
admiration,  but  have  increased  and  prospered,  and  are  seized  and  possessed, 
by  purchase  and  consent  of  the  said  natives,  to  their  full  content,  of  such  lands, 
islands,  rivers,  harbors  and  roads,  as  are  very  convenient,  both  for  plantations, 
and  also  for  building  of  ships,  supply  of  pipe -staves  and  other  merchandise; 
and  which  lie  very  commodious,  in  many  respects,  for  commerce,  and  to  ac- 
commodate our  southern  plantations,  and  may  much  advance  the  trade  of  this 
our  realm,  and  greatly  enlarge  the  territories  thereof ;  they  having,  by  near 
neighborhood  to  and  friendly  society  with  the  great  body  of  the  Narragansett 
Indians,  given  them  encouragement  of  their  own  accord,  to  subject  themselves, 
their  people  and  lands,  unto  us  ;  whereby,  as  is  hoped,  there  may,  in  time,  by 
the  blessing  of  God  upon  their  endeavors  be  laid  a  sure  foundation  of  happi- 
ness to  all  America :  And  whereas,  in  their  humble  address,  they  have  freely 
declared,  that  it  is  much  on  their  hearts  (if  they  may  be  permitted)  to  hold 
forth  a  lively  experiment,  that  a  most  flourishing  civil  state  may  stand  and 
best  be  maintained  and  that  among  our  English  subjects,  with  a  full  liberty 
in  religious  concernments ;  and  that  true  piety  rightly  grounded  upon  gospel 
principles,  will  give  the  best  and  greatest  security  to  sovereignty,  and  will 
lay  in  the  hearts  of  men  the  strongest  obligations  to  true  loyalty  :  Now,  know 
ye,  that  we,  being  willing  to  encourage  the  hopeful  undertaking  of  our  said 
loyal  and  loving  subjects,  and  to  secure  them  in  the  free  exercise  and  enjoy- 
ment of  all  their  civil  and  religious  rights,  appertaining  to  them,  as  our  loving 
subjects ;  and  to  preserve  unto  them  that  liberty,  in  the  true  Christian  faith 
and  worship  of  God,  which  they  have  sought  with  so  much  travail,  and  with 
peaceable  minds,  and  loyal  subjection  to  our  royal  progenitors  and  ourselves, 


APPENDIX     A.  301) 

to  enjoy ;  and  because  some  of  the  people  and  inhabitants  of  the  same  colon> 
cannot,  in  their  private  opinions,  conform  to  the  public  exercise  of  religion, 
according  to  the  liturgy,  forms  and  ceremonies  of  the  Church  of  England,  or 
take  or  subscribe  the  oaths  and  articles  made  and  established  in  that  behalf; 
and  for  that  the  same,  by  reason  of  the  remote  distances  of  those  places,  will 
(as  we  hope)  be  no  breach  of  the  unity  and  uniformity  established  in  this 
nation  :  Have  therefore  thought  fit,  and  do  hereby  publish,  grant,  ordain  and 
declare,  That  our  ro3^al  will  and  pleasure  is,  that  no  person  within  the  said 
colony,  at  any  time  hereafter,  shall  be  any  wise  molested,  punished,  dis- 
quieted, or  called  in  question,  for  any  differences  in  opinion  in  matters  of 
religion,  and  do  not  actually  disturb  the  civil  peace  of  our  said  colony ;  but 
that  all  and  every  person  and  persons  may,  from  time  to  time  and  at  all 
times  hereafter,  freely  and  fully  have  and  enjoy  his  and  their  own  judgments 
and  consciences,  in  matters  of  religious  concernments,  throughout  the  tract  of 
land  hereafter  mentioned,  they  behaving  themselves  peaceably  and  quietly, 
and  not  using  this  liberty  to  licentiousness  and  profaneness,  nor  to  the  civil 
injury  or  outward  disturbance  of  others,  any  law,  statute,  or  clause  therein  con- 
tained, or  to  be  contained,  usage  or  custom  of  this  realm,  to  the  contrary 
hereof,  in  any  wise,  notwnthstanding.  And  that  they  may  be  in  the  better 
capacity  to  defend  themselves,  in  their  just  rights  and  liberties,  against  all 
the  enemies  of  the  Christian  faith,  and  others,  in  all  respects,  we  have  further 
thought  fit,  and  at  the  humble  petition  of  the  persons  aforesaid  are  graciously 
pleased  to  declare,  That  they  shall  have  and  enjo}'  the  benefit  of  our  late  act 
of  indemnity  and  free  pardon  as  the  rest  of  our  subjects  in  other  our  domin- 
ions and  territories  have ;  and  to  create  and  make  them  a  body  politic  or 
corporate,  with  the  powers  and  privileges  hereinafter  mentioned.  And  accord- 
ingly our  will  and  pleasure  is,  and  of  our  especial  grace,  certain  knowledge,  and 
mere  motion,  we  have  ordained,  constituted  and  declared,  and  b>-  these  presents, 
for  us,  our  heirs  and  successors,  do  ordain,  constitute  and  declare,  That  they,  the 
said  William  Brenton,  William  Codington,  Nicholas  Easton,  Benedict  Arnold, 
William  Boulston,  John  Porter,  Samuel  Gorton,  John  Smith,  John  Weeks,  Roger 
Williams,  Thomas  Olney,  Gregory  Dexter,  John  Coggeshall,  Joseph  Clarke, 
Randall  Holden,  John  Greene,  John  Roome,  William  Dyre,  Samuel  Wildbore, 
Richard  Tew,  William  Field,  Thomas  Harris,  James  Barker, Rainsborrow, 


310  THE     DORR     WAR. 

Williams,  and   John   Nickson,  and  all   such  others  as  now  are,  or  here- 


after shall  be,  admitted  and  made  free  of  the  company  and  society  of  our 
colony  of  Providence  Plantations,  in  the  Narragansett  Bay,  in  New  England, 
shall  be,  from  time  to  time,  and  forever  hereafter,  a  body  corporate  and  politic, 
in  fact  and  name,  by  the  name  of  the  Governor  and  Company  of  the  English 
Colony  of  Rhode  Island  and  Providence  Plantations,  in  New  England,  in 
America ;  and  that,  by  the  same  name,  they  and  their  successors  shall  and 
ma}'  have  perpetual  succession,  and  shall  and  may  be  persons  able  and  capable, 
in  the  law,  to  sue  and  be  sued,  to  plead  and  be  impleaded,  to  answer,  and  be 
answered  unto,  to  defend  and  to  be  defended,  in  all  and  singular  suits,  causes, 
quarrels,  matters,  actions  and  things,  of  what  kind  or  nature  soever ;  and  also 
to  have,  take,  possess,  acquire,  and  purchase  lands,  tenements  or  heredita- 
ments, or  any  goods  or  chattels,  and  the  same  to  lease,  grant,  demise,  aliene, 
bargain,  sell  and  dispose  of,  at  their  own  will  and  pleasure,  as  other  our 
liege  people  of  this  our  realm  of  England,  or  any  corporation  or  body  poli- 
tic, within  the  same,  may  lawfully  do.  And  further,  that  they  the  said 
Governor  and  Company,  and  their  successors,  shall  and  may,  forever  here- 
after have  a  common  seal,  to  serve  and  use  for  all  matters,  causes,  things, 
and  affairs,  whatsoever,  of  them,  and  their  successors  ;  and  the  same  seal  to 
alter,  change,  break,  and  make  new,  from  time  to  time,  at  their  will  and  pleas- 
ure, as  they  shall  think  fit.  And  further,  we  will  and  ordain,  and  by  these 
presents,  for  us,  our  heirs,  and  successors,  do  declare  and  appoint  that,  for  the 
better  ordering  and  managing  of  the  affairs  and  business  of  the  .said  Company, 
and  their  successors,  there  shall  be  one  Governor,  one  Deputy  Governor  and 
ten  Assi.stants,  to  be  from  time  to  time  con.stituted,  elected  and  chosen  out 
of  the  freemen  of  the  said  Company,  for  the  time  being,  in  such  manner  and 
form  as  is  hereafter  in  these  presents  expressed,  which  said  officers  shall 
apply  theni-selves  to  take  care  for  the  best  di.sposing  and  ordering  of  the 
general  business  and  affairs  of  and  concerning  the  lands  and  hereditaments 
hereinafter  mentioned  to  be  granted,  and  the  plantation  thereof,  and  the  gov- 
ernment of  the  people  there.  And,  for  the  better  execution  of  our  royal 
pleasure  herein,  we  do,  for  us,  our  heirs  and  successors,  assign,  name,  con- 
.stitute,  and  appoint  the  aforesaid  Benedict  Arnold  to  be  the  fir.st  and  present 
Governor   of   the   said    Company,    and    the    said    William    Brenton    to    be   the 


APPENDIX     A.  311 

Deputy -Governor,  and  the  said  William  Boulston,  John  Porter,  Roger  Wil- 
liams, Thomas  Olney,  John  Smith,  John  Greene,  John  Coggeshall,  James 
Barker,  William  Field,  and  Joseph  Clarke,  to  be  the  ten  present  Assistants 
of  the  said  Company,  to  continue  in  the  said  several  offices,  respectively, 
until  the  first  Wednesday  which  shall  be  in  the  month  of  May  now  next 
coming.  And  further,  we  will,  and  by  these  presents,  for  us,  our  heirs  and 
successors,  do  ordain  and  grant  that  the  Governor  of  the  said  Company, 
for  the  time  being,  or,  in  his  absence,  by  occasion  of  sickness,  or  otherwise, 
by  his  leave  and  permission,  the  Deputy -Governor,  for  the  time  being,  shall 
and  may,  from  time  to  time,  upon  all  occasions,  give  order  for  the  assem- 
bling of  the  said  Company,  and  calling  them  together,  to  consult  and  advise 
of  the  business  and  affairs  of  the  said  Company.  And  that  forever  hereafter, 
twice  in  every  year  that  is  to  .say,  on  every  fir.st  Wednesday  in  the  month 
of  Ma}',  and  on  every  last  Wednesday  in  October,  or  oftener,  in  case  it  shall 
be  requisite,  the  As.sistants  and  such  of  the  freemen  of  the  said  Company, 
not  exceeding  six  persons  for  Newport,  four  persons  for  each  of  the  respect- 
ive towns  of  Providence,  Port.smouth  and  Warwick,  and  two  per.sons  for  each 
other  place,  town  or  city,  who  .shall  be,  from  time  to  time,  thereunto  elected 
or  deputed  by  the  major  part  of  the  freemen  of  the  respective  towns  or 
places  for  which  they  shall  be  so  elected  or  deputed,  shall  have  a  general 
meeting  or  assembly,  then  and  there  to  con.sult,  advise  and  determine,  in  and 
about  the  affairs  and  business  of  the  said  Company-  and  Plantations.  And, 
further,  we  do,  of  our  especial  grace,  certain  knowledge,  and  mere  motion, 
give  and  grant  unto  the  .said  Governor  and  Company  of  the  English  colony 
of  Rhode  Island  and  Providence  Plantations,  in  New  England,  in  America, 
and  their  successors,  that  the  Governor,  or,  in  his  absence,  or.  by  his  per- 
mission, the  Deputy- Governor  of  the  said  Company,  for  the  time  being,  the 
As.sistants,  and  such  of  the  freemen  of  the  said  Company  as  shall  be  so  as 
aforesaid  elected  or  deputed,  or  so  many  of  them  as  shall  be  present  at  such 
meeting  or  assembly,  as  aforesaid,  shall  be  called  the  General  Assembh- ; 
and  that  they,  or  the  greatest  part  of  them  present,  whereof  the  Governor 
or  Deputy- Governor,  and  six  of  the  Assistants,  at  least  to  be  seven,  .shall 
have,  and  have  hereby  given  and  granted  unto  them,  full  power  and  author- 
ity,   from    time    to    time,    and    at    all    times    hereafter,    to    appoint,    alter   and 


312  THE     DORR     WAR. 

change  such  days,  times  and  places  of  meeting  and  General  Assembly,  as 
they  shall  think  fit ;  and  to  choose,  nominate  and  appoint,  such  and  so 
many  other  persons  as  they  shall  think  fit,  and  shall  be  willing  to  accept 
the  same,  to  be  free  of  the  said  Company  and  body  politic,  and  them  into 
the  same  to  admit ;  and  to  elect  and  constitute  such  offices  and  officers,  and 
to  grant  such  needful  commissions,  as  they  shall  think  fit  and  requisite,  for 
the  ordering,  managing,  and  dispatching  of  the  affairs  of  the  said  Governor 
and  Company,  and  their  successors;  and  from  time  to  time,  to  make,  ordain, 
constitute  or  repeal,  such  laws,  statutes,  orders  and  ordinances,  forms  and 
ceremonies  of  government  and  magistracy,  as  to  them  shall  seem  meet,  for 
the  good  and  welfare  of  the  said  Company,  and  for  the  government  and 
ordering  of  the  lands  and  hereditaments,  hereinafter  mentioned  to  be  granted, 
and  of  the  people  that  do,  or  at  any  time  hereafter  shall,  inhabit  or  be 
within  the  same ;  so  as  such  laws,  ordinances  and  constitutions,  so  made, 
be  not  contrary  and  repugnant  unto,  but  as  near  as  may  be,  agreeable  to 
the  laws  of  this  our  realm  of  England,  considering  the  nature  and  constitu- 
tion of  the  place  and  people  there ;  and  also  to  appoint,  order  and  direct, 
erect  and  settle,  such  places  and  courts  of  jurisdiction,  for  the  hearing  and 
determining  of  all  actions,  cases,  matters  and  things,  happening  within  the  said 
colony  and  plantation,  and  which  shall  be  in  dispute,  and  depending  there, 
as  they  shall  think  fit;  and  also  to  distinguish  and  set  forth  the  several 
names  and  titles,  duties,  powers  and  limits,  of  each  court,  office  and  officer, 
superior  and  inferior;  and  also  to  contrive  and  appoint  such  forms  of  oaths 
and  attestations,  not  repugnant,  but  as  near  as  may  be  agreeable,  as  afore- 
said, to  the  laws  and  statutes  of  this  our  realm,  as  are  convenient  and  requi- 
site, with  respect  to  the  due  administration  of  justice,  and  due  execution  and 
discharge  of  all  offices  and  places  of  trust  by  the  persons  that  shall  be  therein 
concerned ;  and  also  to  regulate  and  order  the  way  and  manner  of  all  elections 
to  offices  and  places  of  trust,  and  to  prescribe,  limit  and  distinguish  the  numbers 
and  bounds  of  all  places,  towns  or  cities,  within  the  limits  and  bounds  herein- 
after mentioned,  and  not  herein  particularly  named,  who  have,  or  shall  have, 
the  power  of  electing  and  sending  of  freemen  to  the  said  General  Assembly  ; 
and  also  to  order,  direct  and  authorize  the  imposing  of  lawful  and  reasonable 
fines,  mulcts,  imprisonments,  and  executing  other  punishments,  pecuniary  and 


AI'l'KNDIX     A.  ?>lo 

corporal,  upon  offenders  and  delinquents,  according  to  the  course  of  other 
corporations  within  this  our  kingdom  of  England ;  and  again  to  alter,  revoke, 
annul  or  pardon,  under  their  common  seal,  or  otherwise,  such  fines,  mulcts, 
imprisonments,  sentences,  judgments  and  condemnations,  as  shall  be  thought 
fit  ;  and  to  direct,  rule,  order  and  dispose  of,  all  other  matters  and  things, 
and  particularly  that  which  relates  to  the  making  of  ])urcliases  of  the  native 
Indians,  as  to  them  shall  seem  meet  ;  whereby  our  said  people  and  inhabi- 
tants in  the  said  Plantations,  may  be  so  religiously,  peaceably  and  civilly 
governed,  as  that  by  their  good  life  and  orderly  con\-ersation,  they  may  win 
and  invite  the  native  Indians  of  the  country  to  the  knowledge  and  obedience 
of  the  only  true  God  and  Saviour  of  mankind  ;  willing,  commanding  and  re- 
quiring, and  by  these  presents,  for  us,  our  heirs  and  successors,  ordaining 
and  appointing,  that  all  such  laws,  statutes,  orders  and  ordinances  instruc- 
tions impositions  and  directions,  as  shall  be  so  made  by  the  Governor,  Deputy- 
Governor,  Assistants  and  freemen,  or  such  number  of  them  as  aforesaid,  and 
published  in  writing,  under  their  common  seal,  shall  be  carefully  and  duly 
observed,  kept,  performed  and  put  in  execution,  according  to  the  true  intent 
and  meaning  of  the  same.  And  these  our  letters  patent,  or  the  duplicate  or 
exemplification  thereof,  shall  be  to  all  and  every  such  officer,  superior  or  in- 
ferior, from  time  to  time,  for  the  putting  of  the  same  orders,  laws,  statutes, 
ordinances,  instructions  and  directions  in  due  execution,  against  us,  our  heirs 
and  successors,  a  sufficient  warrant  and  discharge.  And  further,  our  will  and 
pleasure  is,  and  we  do  hereby,  for  us,  our  heirs  and  successors,  establish  and 
ordain,  that  3^early,  once  in  the  year,  forever  hereafter  namely,  the  aforesaid 
Wednesday  in  May,  and  at  the  town  of  Newport,  or  elsewhere,  if  urgent  oc- 
casion do  require,  the  Governor,  Deputy -Governor  and  x\ssistants  of  the  said 
Company,  and  other  officers  of  the  said  Company,  or  such  of  them  as  the  Gen- 
eral Assembly  shall  think  fit,  shall  be,  in  the  said  General  Court  or  Assembly 
to  be  held  from  that  day  or  time,  newly  chosen  for  the  year  ensuing,  by  such 
greater  part  of  the  said  Company  for  the  time  being,  as  shall  be  then  and 
there  present ;  and  if  it  shall  happen  that  the  present  Governor,  Deputy-Gov- 
ernor and  Assistants,  by  these  presents  appointed,  or  any  such  as  shall  here- 
after be  newly  chosen  into  their  rooms,  or  an}'  of  them,  or  any  other  the 
officers  of  the  said  Company,  shall  die  or  be   removed  from   his  or  their  sev- 

40 


31-i  IHli     DORR     WAR. 

eral  offices  or  places  before  the  said  general  day  of  election,  (whom  we  do 
hereby  declare,  for  any  misdemeanor  or  default,  to  be  removable  by  the 
Governor,  Assistants  and  Company,  or  such  greater  part  of  them,  in  any  of 
the  said  public  courts,  to  be  assembled  as  aforesaid,)  that  then,  and  in  every 
such  case,  it  shall  and  may  be  lawful  to  and  for  the  said  Governor,  Deputy- 
Governor,  Assistants  and  Company  aforesaid,  or  such  greater  part  of  them, 
so  to  be  assembled  as  is  aforesaid,  in  any  their  assemblies,  to  proceed  to  a 
new  election  of  one  or  more  of  their  Company,  in  the  room  or  place,  rooms 
or  places,  of  such  officer  or  officers,  so  dying  or  removed,  according  to  their 
discretions ;  and  immediatel}-  upon  and  after  such  election  or  elections  made 
of  such  Governor,  Deputy -Governor,  Assistant  or  Assistants,  or  any 
other  officer  of  the  said  Company,  in  manner  and  form  aforesaid,  the 
authority,  office  and  power,  before  given  to  the  former  Governor,  Deputy - 
Governor,  and  other  officer  and  officers,  so  removed  in  whose  stead  and 
place  new  shall  be  chosen,  shall,  as  to  him  and  them,  and  every  of  them, 
respectively,  cease  and  determine :  Provided  always,  and  our  will  and  pleasure 
is,  that  as  well  such  as  are  by  these  presents  appointed  to  be  the  present 
Governor,  Deputy  -  Governor  and  Assistants  of  the  said  Company,  as  those  that 
shall  succeed  them,  and  all  other  officers  to  be  appointed  and  chosen  as  afore- 
said, shall,  before  the  undertaking  the  execution  of  the  said  offices  and  places 
respectively,  give  their  solemn  engagement,  by  oath,  or  otherwise,  for  the  due 
and  faithful  performance  of  their  duties  in  their  several  offices  and  places, 
before  such  person  or  persons  as  are  by  these  presents  hereafter  appointed 
to  take  and  receive  the  same,  that  is  to  say  :  the  said  Benedict  Arnold,  who 
is  hereinbefore  nominated  and  appointed  the  present  Governor  of  the  said 
Company,  shall  give  the  aforesaid  engagement  before  William  Brenton,  or 
any  two  of  the  said  Assistants  of  the  said  Company  ;  unto  whom  we  do  by 
these  presents  give  full  power  and  authority  to  require  and  receive  the  same  ; 
and  the  said  William  Brenton,  who  is  hereby  before  nominated  and  ap- 
appointed  the  present  Deputy  -  Governor  of  the  said  Company,  shall  give 
the  aforesaid  engagement  before  the  said  Benedict  Arnold,  or  any  two  of 
the  Assistants  of  the  said  Company  ;  unto  whom  we  do  by  these  presents 
give  full  i)o\ver  and  authority  to  require  and  receive  the  same ;  and  the 
said   William    Boulston,   John    Porter,    Roger   Williams,   Thomas    Olney,   John 


A    PPENDIX     A.  6li) 

Smith,  John  Greene,  John  Coggeshall,  James  Barker,  William  Field,  and 
Joseph  Clarke  who  are  herein  before  nominated  and  appointed  the  pres- 
ent Assistants  of  the  said  Company,  shall  give  tlie  said  engagement  to  their 
offices  and  places  respectively  belonging,  before  the  said  Benedict  Arnold 
and  William  Brenton,  or  one  of  them  ;  to  whom  respectively  we  do  hereby 
give  full  power  and  authority  to  require,  administer  or  receive  the  same  : 
and  further,  our  will  and  pleasure  is,  that  all  and  every  other  future  Gov- 
ernor or  Deputy -Governor,  to  be  elected  and  chosen  by  virtue  of  these  pres- 
ents, shall  give  the  said  engagement  before  two  or  more  of  the  said  Assistants 
of  the  said  Company  for  the  time  being ;  unto  whom  we  do  by  these  })resents 
give  full  power  and  authority  to  require,  administer  or  receive  the  same; 
and  the  said  Assistants,  and  every  of  them,  and  all  and  every  other  officer 
or  officers  to  be  hereafter  elected  and  chosen  by  virtue  of  these  presents  from 
time  to  time,  shall  give  the  like  engagements,  to  their  offices  and  places  respect- 
ively belonging,  before  the  Governor  or  Deputy  -  Governor,  for  the  time  being  ; 
unto  which  said  Governor,  or  Deputy -Governor,  we  do  by  these  presents  give 
full  power  and  authority  to  require,  administer  or  receive  the  same  accordingly. 
And  we  do  likewise,  for  us,  our  heirs  and  successors,  give  and  grant  unto  the 
said  Governor  and  Company,  and  their  successors,  b}^  these  presents,  that  for 
the  more  peaceable  and  orderly  government  of  the  said  Plantations,  it  shall 
and  may  be  lawful  for  the  Governor,  Deput}'- Governor,  Assistants  and  all 
other  officers  and  ministers  of  the  said  Company,  in  the  administration  of 
justice,  and  exercise  of  government,  in  the  said  Plantations,  to  use,  exercise, 
and  put  in  execution,  such  methods,  rules,  orders  and  directions,  not  being 
contrary  or  repugnant  to  the  laws  and  statutes  of  this  our  realm,  as  have 
been  heretofore  given,  used  and  accustomed,  in  such  cases  respectively,  to 
be  put  in  practice,  until  at  the  next  or  some  other  General  Asssembly, 
special  provision  shall  be  made  and  ordained  in  the  cases  aforesaid.  And 
we  do  further,  for  us,  our  heirs,  and  successors,  give  and  grant  unto 
the  said  Governor  and  Company,  and  their  successors,  by  these  presents, 
that  it  shall  and  may  be  lawful  to  and  for  the  said  Governor,  or,  in  his 
absence,  the  Deputy- Governor,  and  major  part  of  the  .said  Assistants,  for 
the  time  being,  at  any  time  when  the  said  General  Assembly  is  not  sitting, 
to   nominate,    appoint    and    con.stitute,   such    and    so    many   commanders,   gov- 


316  THE     DORR     WAR. 

ernors,  and  military  officers,  as  to  them  shall  seem  requisite,  for  the  leading 
conducting  and  training  up  the  inhabitants  of  the  said  Plantations  in  mar- 
tial affairs,  and  for  the  defence  and  safeguard  of  the  said  Plantations ;  and 
that  it  shall  and  may  be  lawful  to  and  for  all  and  every  such  commander, 
governor,  and  military  officer,  that  shall  be  so  as  aforesaid,  or  by  the  Gov- 
ernor, or  in  his  absence,  the  Deputy- Governor,  and  six  of  the  said  Assist- 
ants, and  major  part  of  the  freemen  of  the  said  Company  present  at  any 
General  Assemblies,  nominated,  appointed  and  constituted,  according  to  the 
tenor  of  his  and  their  respective  commissions  and  directions  to  assemble, 
exercise  in  arms,  martial  array,  and  put  in  warlike  posture,  the  inhabitants 
of  the  said  colony,  for  their  special  defence  and  safety ;  and  to  lead  and 
conduct  the  said  inhabitants,  and  to  encounter,  expulse,  expel  and  resist, 
by  force  of  arms,  as  well  by  sea  as  by  land,  and  also  to  kill,  slay  and  de- 
stroy, by  all  fitting  ways,  enterprizes  and  means,  whatsoever,  all  and  every 
such  person  or  persons  as  shall,  at  any  time  hereafter,  attempt  or  enterprize 
the  destruction,  invasion,  detriment,  or  annoyance  of  the  said  inhabitants 
or  Plantations  ;  and  to  use  and  exercise  the  law  martial  in  such  cases  only 
as  occasion  shall  necessarily  require ;  and  to  take  or  surprise,  b}'  all  ways 
and  means  wdiatsoever,  all  and  every  such  person  and  persons,  wdth  their 
ship  or  ships,  armor,  ammunition  or  other  goods  of  such  persons  as  shall, 
in  hostile  manner,  invade  or  attempt  the  defeating  of  the  said  Plantation,  or 
the  hurt  of  the  said  Company  and  inhabitants;  and  upon  just  causes,  to 
invade  and  destroy  the  native  Indians,  or  other  enemies  of  the  said  Colony. 
Nevertheless,  our  will  and  pleasure  is,  and  we  do  hereby  declare  to  the  rest 
of  our  Colonies  in  New  England,  that  it  shall  not  be  lawful  for  this  our 
said  Colony  of  Rhode  Island  and  Providence  Plantations,  in  America,  in 
New  I^ngland,  to  invade  the  natives  inhabiting  within  the  bounds  and  limits 
of  their  said  Colonies,  without  the  knowledge  and  consent  of  the  said  other 
Colonies.  And  it  is  hereby  declared,  that  it  shall  not  be  lawful  to  or  for 
the  rest  of  the  Colonies  to  invade  or  molest  the  native  Indians  or  any  other 
inhabitants  inhabiting  within  the  bounds  and  limits  hereafter  mentioned,  (they 
having  subjected  themselves  unto  us,  and  being  by  us  taken  into  our  special 
protection,)  without  the  knowledge  and  consent  of  the  Governor  and  Company 
of  our  Colony  of  Rhode -Island  and  Providence  Plantations.     Also  our  will  and 


APPKNDIX     A.  317 

pleasure  is,  and  we  do  hereby  declare  unto  all  Christian  Kin^s,  Princes  and 
States,  that  if  any  person,  which  shall  hereafter  be  oi  the  said  Company  or  Plan- 
tations, or  any  other,  by  appointment  of  the  said  Governor  and  Company  for 
the  time  being,  shall  at  any  time  or  times  thereafter,  rob  or  spoil,  by  sea  or 
land,  or  do  any  hurt,  or  unlawful  hostility  to  any  of  the  subjects  of  us,  our 
heirs  or  successors,  or  any  of  the  subjects  of  any  Prince  or  vState,  being  then 
in  league  with  us,  our  heirs  or  successors,  upon  complaint  of  such  injury 
done  to  any  such  Prince  or  State,  or  their  subjects,  we,  our  heirs  and  suc- 
cessors, will  make  open  proclamation  within  any  parts  of  our  realm  of  ICng- 
land,  fit  for  that  purpose,  that  the  person  or  persons  committing  any  such 
robbery  or  spoil,  shall,  within  the  time  limited  by  such  proclamation,  make 
full  restitution,  or  satisfaction  of  all  such  injuries,  dqne  or  committed,  so  as 
the  said  Prince,  or  others  so  complaining,  may  be  fully  satisfied,  and  con- 
tented ;  and  if  the  said  person  or  persons  who  shall  commit  any  such  rolibery 
or  spoil  shall  not  make  satisfaction,  accordingly,  within  such  time,  so  to  be 
limited,  that  then  we,  our  heirs  and  successors,  will  put  such  person  or  persons 
out  of  our  allegiance  and  protection ;  and  that  then  it  shall  and  ma}-  be 
lawful  and  free  for  all  Princes  or  others  to  prosecute  with  hostility,  such 
offenders,  and  every  of  them,  their  and  every  of  their  procurers,  aiders,  abet- 
tors, and  counsellors,  in  that  behalf :  Provided  also,  and  our  express  will  and 
pleasure  is,  and  we  do,  by  those  presents,  for  us,  our  heirs  and  successors, 
ordain  and  appoint  that  these  presents,  shall  not,  in  any  maimer,  hinder  any 
of  our  loving  subjects,  w'hatsoever,  from  using  and  exercising  the  trade  of 
fishing  upon  the  coast  of  New  England,  in  America  ;  but  that  the>',  and 
every  or  any  of  them,  shall  have  full  and  free  power  and  liberty  to  continue 
and  use  the  trade  of  fishing  upon  the  said  coast,  in  any  of  the  seas  there- 
unto adjoining,  or  any  arms  of  the  seas,  or  salt  water,  rivers  and  creeks,  where 
they  have  been  accustomed  to  fish  ;  and  to  build  and  set  upon  the  waste 
land  belonging  to  the  said  Colony  and  Plantations,  such  wharves,  stages  and 
work  houses  as  shall  be  necessary  for  the  salting,  drying  and  keeping  of  their 
fish,  to  be  taken  or  gotten  upon  that  coast.  And  further,  for  the  encourage- 
ment of  the  inhabitants  of  our  said  Colony  of  Providence  Plantations  to  set 
upon  the  business  of  taking  whales,  it  shall  be  lawful  for  them,  or  any  of 
them,  having  struck  wdiale,  dubertus,  or  other  great  fish,  it  or  them  to  pursue 


318  THE    DORR    WAR. 

unto  any  part  of  that  coast,  and  into  any  bay,  river,  cove,  creek,  or  shore, 
belonging  thereto,  and  it  or  them,  upon  the  said  coast,  or  in  the  said  bay, 
river,  cove,  creek,  or  shore,  belonging  thereto,  to  kill  and  order  for  the  best 
advantage,  without  molestation,  they  making  no  wilful  waste  or  spoil  ;  any- 
thing in  these  presents  contained,  or  any  other  matter  or  thing,  to  the  con- 
trary, notwithstanding.  And  further  also,  we  are  graciously  pleased,  and  do 
hereby  declare,  that  if  any  of  the  inhabitants  of  our  said  Colony  do  set  upon 
the  planting  of  vineyards  (the  soil  and  climate  both  seeming  naturally  to 
concur  to  the  production  of  wines)  or  be  industrious  in  the  discovery  of  fish- 
ing banks,  in  or  about  the  said  Colony,  we  will,  from  time  to  time,  give  and 
allow  all  due  and  fitting  encouragement  therein,  as  to  others  in  cases  of  like 
nature.  And  further,  of  our  more  ample  grace,  certain  knowledge  and  mere 
motion,  we  have  given  and  granted,  and  by  these  presents,  for  us,  our  heirs 
and  successors,  do  give  and  grant  unto  the  said  Governor  and  Company  of 
the  English  Colony  of  Rhode  Island  and  Providence  Plantations,  in  the 
Narragansett  Ba}',  in  New  England,  in  America,  and  to  every  inhabitant 
there,  and  to  ever}'^  person  and  persons,  trading  thither,  and  to  every 
such  person  or  persons  as  are  or  shall  be  free  of  the  said  Colony,  full 
power  and  authority,  from  time  to  time,  and  at  all  times  hereafter, 
to  take,  ship,  transport  and  carry  away,  out  of  any  of  our  realms  and 
dominions,  for  and  towards  the  plantation  and  defence  of  the  said  Colony, 
such  and  so  many  of  our  loving  subjects  and  strangers  as  shall  or  will 
willingly  accompany  them  in  and  to  their  said  Colony  and  Plantation  ;  except 
such  person  or  persons  as  are  or  shall  be  therein  restrained  b}-  us,  our  heirs 
and  successors,  or  any  law  or  statute  of  this  realm ;  and  also  to  ship  and 
transport  all  and  all  manner  of  goods,  chattels,  merchandizes  and  other 
things  whatsoever,  that  are  or  shall  be  useful  or  necessar}-  for  the  said 
Plantations,  and  defence  thereof,  and  usually  transported,  and  not  prohib- 
ited by  any  law  or  statute  of  this  our  realm  ;  yielding  and  paying  unto  us, 
our  heirs  and  successors,  such  the  duties,  cu.stoms  and  subsidies,  as  are  or 
ought  to  be  paid  or  j^ayable  for  the  same.  And  further,  our  will  and  pleas- 
ure is,  and  we  do,  for  us,  our  heirs  and  successors,  ordain,  declare,  and  grant 
unto  the  said  Governor  and  Company,  and  their  successors,  that  all  and 
every  the  subjects  of  us,  our  heirs  and  successors,  which  are  alread}'  planted 


AI'l'KNDIX     A.  319 

and  settled  within  our  said  Colony  of  Pro\idencc  Flantaticjns,  or  which  shall 
hereafter  go  to  inhabit  within  the  said  Colony,  and  all  and  every  of  their 
children,  which  have  been  born  there,  or  which  shall  happen  hereafter  to  be 
born  there,  or  on  the  sea,  going  thither,  or  returning  from  thence,  shall 
have  and  enjoy  all  liberties  and  immunities  of  free  and  natural  subjects 
within  any  the  dominions  of  us,  our  heirs  and  successors,  to  all  intents, 
constructions  and  purposes,  whatsoever,  as  if  they,  and  every  of  them,  were 
born  within  the  realm  of  England.  And  further,  know  ye,  that  we,  of  our 
more  abundant  grace,  certain  knowledge,  and  mere  motion,  have  given, 
granted  and  confirmed,  and  by  these  presents,  for  us,  our  heirs  and  suc- 
cessors, do  give,  grant  and  confirm,  unto  the  said  Governor  and  Company 
and  their  successors,  all  that  part  of  our  dominions  in  New  England,  in 
America,  containing  the  Nahantick  and  Nanhyganset,  alias  Narragansett  Bay, 
and  countries  and  parts  adjacent,  bounded  on  the  west  or  westerly,  to  the 
middle  or  channel  of  a  river  there,  commonly  called  and  known  by  the 
name  of  Pawcatuck,  alias  Pawcawtuck  river ;  and  so  along  the  said  river, 
as  the  greater  or  middle  stream  thereof  reacheth  or  lies  up  into  the  north 
country,  northward,  unto  the  head  thereof,  and  from  thence,  by  a  straight 
line  drawn  due  north,  until  it  meets  with  the  south  line  of  the  Massachusetts 
Colony  :  and  on  the  north,  or  northerly,  b}'  the  aforesaid  south  or  southerl}- 
line  of  the  Massachusetts  Colony  or  Plantation,  and  extending  towards  the  east, 
or  eastwardly,  three  English  miles,  to  the  east  and  northeast  of  the  most  east- 
ern and  northeastern  parts  of  the  aforesaid  Narragansett  Bay,  as  the  said  Ba}' 
l3'eth  or  extendeth  itself  from  the  ocean  on  the  south,  or  southwardly  unto  the 
mouth  of  the  river  which  runneth  towards  the  town  of  Providence,  and  from 
thence  along  the  easterly  side  or  bank  of  the  said  river  (higher  called  by 
the  name  of  Seacunck  river)  up  to  the  falls  called  Patuckett  falls,  being 
the  most  westwardly  line  of  Plymouth  Colony,  and  so  from  the  said  falls, 
in  a  straight  line,  due  north,  until  it  meet  with  the  aforesaid  line  of  the 
Massachusetts  Colony ;  and  bounded  on  the  south  by  the  ocean ;  and,  in 
particular,  the  lands  belonging  to  the  towns  of  Providence,  Pawtuxet,  War- 
wick, Misquammacok,  alias  Pawcatuck,  and  the  rest  upon  the  main  land  in 
the  tract  aforesaid,  together  with  Rhode  Island,  Block  Island,  and  all  the 
rest   of  the  islands  and   banks  in  the  Narragansett   Bay,  and   bordering  upon 


320  THE     DORR     WAR. 

the  coast  of  the  tract  aforesaid,  (Fisher's  Island  only  excepted,)  together 
with  all  firm  lands,  soils,  grounds,  havens,  ports,  rivers,  waters,  fishings, 
mines  royal,  and  all  other  mines,  minerals,  precious  stones,  quarries,  woods, 
wood  grounds,  rocks,  slates,  and  all  and  singular  other  commodities,  juris- 
dictions, royalties,  privileges,  franchises,  preheminances,  and  hereditaments, 
whatsoever,  within  the  said  tract,  bounds,  lands  and  islands  aforesaid,  or 
to  them  or  any  of  them  belonging,  or  in  any  wise  appertaining ;  to  have  atid 
to  hold  the  same,  unto  the  said  Governor  and  Company,  and  their  successors, 
forever,  upon  trust,  for  the  use  and  benefit  of  themselves  and  their  associates 
freemen  of  the  said  Colony,  their  heirs  and  assigns,  to  be  holden  of  us,  our 
heirs  and  successors,  as  of  the  Manor  of  East -Greenwich,  in  our  county  of 
Kent,  in  free  and  common  soccage,  and  not  in  capite,  nor  by  knight  service  ; 
yielding  and  paying  therefor,  to  us,  our  heirs  and  successors,  only  the  fifth 
part  of  all  the  ore  of  gold  and  silver  which,  from  time  to  time,  and  at  all 
times  hereafter,  shall  be  there  gotten  had  or  obtained,  in  lieu  and  satisfaction 
of  all  services,  duties,  fines,  forfeitures,  made  or  to  be  made  claims  and  de- 
mands whatsoever,  to  be  to  us,  our  heirs  or  successors,  therefor  or  thereout 
rendered,  made  or  paid  ;  anj^  grant,  or  clause  in  a  late  grant,  to  the  Gover- 
nor and  Company  of  Connecticut  Colony,  in  America,  to  the  contrary  thereof 
in  any  wise  notwithstanding ;  the  aforesaid  Pawcatuck  river  having  been 
3'ielded,  after  much  debate,  for  the  fixed  and  certain  bounds  between  these 
our  said  Colonies,  by  the  agents  thereof;  who  have  also  agreed,  that  the 
said  Pawcatuck  river  shall  be  also  called  alias  Norrogansett  or  Narrogansett 
river ;  and,  to  prevent  future  disputes,  that  otherwise  might  arise  thereby, 
forever  hereafter  shall  be  construed,  deemed  and  taken  to  be  the  Narragan- 
sett  river  in  our  late  grant  to  Connecticut  Colony  mentioned  as  the  easterly 
bounds  of  that  Colony.  And  further,  our  will  and  pleasure  is,  that  in  all 
matters  of  public  controversy  wdiich  may  fall  out  between  our  Colony  of 
Providence  Plantations,  and  the  rest  of  our  Colonies  in  New  England,  it 
shall  and  may  be  lawful  to  and  for  the  Governor  and  Company  of  the  .said 
Colony  of  Providence  Plantations  to  make  their  appeals  therein  to  us,  our 
heirs  and  successors,  for  redress  in  such  cases,  within  this  our  realm  of 
England  :  and  that  it  shall  be  lawful  to  and  for  the  inhabitants  of  the  said 
Colony    of    Providence    Plantations,   without    let   or   molestation,    to    pass   and 


Al'I'KNDIX     A.  y)2\ 

repass,  with  freedom,  into  and  through  the  rest  of  the  Knjijlish  Colonies, 
upon  their  lawful  and  civil  occasions,  and  to  converse,  and  hold  commerce 
and  trade,  with  such  of  the  inhabitants  of  our  other  Ivnj^lish  Colonies  as 
shall  be  willinj^  to  admit  them  thereunto,  they  behavinj^  themsehes  peaceably 
among  them  ;  any  act,  clause  or  sentence,  in  any  of  the  said  Colonies  provided, 
or  that  shall  be  provided,  to  the  contrary  in  any  wise  notwithstanding.  And 
lastly,  we  do,  for  us,  our  heirs  and  successors,  ordain  and  grant  unto  the 
said  Governor  and  Company,  and  their  successors,  by  these  presents,  that 
these  our  letters  patent  shall  be  firm,  good,  effectual  and  available  in  all 
things  in  the  law,  to  all  intents,  constructions  and  purposes  whatsoever,  ac- 
cording to  our  true  intent  and  meaning  hereinbefore  declared  ;  and  shall  be 
construed,  reputed  and  adjudged  in  all  cases  most  favorably  on  the  behalf, 
and  for  the  best  benefit  and  behoof,  of  the  said  Governor  and  Company,  and 
their  successors ;  although  express  mention  of  the  true  yearly  value  or  cer- 
tainty of  the  premises,  or  any  of  them,  or  of  any  other  gifts  or  grants,  by 
us,  or  by  any  of  our  progenitors  or  predecessors,  heretofore  made  to  the 
said  Governor  and  Company  of  the  English  Colony  of  Rhode  Island  and 
Providence  Plantations,  in  the  Narragansett  Bay,  New  England,  in  America, 
in  these  presents  is  not  made  or  any  statute,  act,  ordinance,  provision,  pro- 
clamation or  restriction,  heretofore  had,  made,  enacted,  ordained  or  provided, 
or  any  other  matter,  cause  or  thing  whatsoever,  to  the  contrary  thereof  in 
anywise  notwithstanding.  In  witness  whereof,  we  have  caused  these  our 
letters  to  be  made  patent.  Witness  ourself  at  Westminster,  the  eighth  day 
of  July,  in  the  fifteenth  year  of  our  reign. 

By  the  Kmg  : 

HOWARD. 


APPENDIX     B. 


"THE  PEOPLE'S  CONSTITUTION." 


We,  the  people  of  the  State  of  Rhode  Island  and  Providence  Plantations, 
grateful  to  Almighty  God  for  his  blessing  vouchsafed  to  the  "  lively  experi- 
ment"  of  religious  and  political  freedom  here  "held  forth"  by  our  venerated 
ancestors,  and  earnestly  imploring  the  favor  of  his  gracious  providence  towards 
this  our  attempt  to  secure  upon  a  permanent  foundation  the  advantages  of 
well  ordered  and  rational  liberty,  and  to  enlarge  and  transmit  to  our  succes- 
sors the  inheritance  that  we  have  received,  do  ordain  and  establish  the  fol- 
lowing constitution  of  government  for  this  State. 

ARTICLE   I. 

Declaration  of  Principles  and  Rights. 

I.  In  the  spirit  and  in  the  words  of  Roger  Williams,  the  illustrious 
founder  of  this  State,  and  of  his  venerated  associates,  we  declare  "that  this 
government  shall  be  a  democracy,"  or  government  of  the  people,  "by  the 
major  consent"  of  the  same  "only  in  civil  things."  The  will  of  the  people 
shall  be  expressed  by  representatives  freely  chosen,  and  returning  at  fixed 
periods  to  their  constituents.  This  State  shall  be,  and  forever  remain,  as  in 
the  design  of  its  founder,  sacred  to  "soul  liberty,"  to  the  rights  of  con- 
science, to  freedom  of  thought,  of  expression,  and  of  action,  as  hereinafter 
.set  forth  and  secured. 


APPKNDIX     B.  82/] 

2.  All  men  are  created  free  and  equal,  and  are  endowed  by  their  Creator 
with  certain  natural,  inherent,  and  inalienable  rij^hts;  among  which  are  life, 
liberty,  the  acquisition  of  property,  and  the  pursuit  of  happiness.  Govern- 
ment cannot  create  or  bestow  these  rights,  which  are  the  gift  of  God  ;  but  it 
is  instituted  for  the  stronger  and  surer  defence  of  the  same,  that  men  may 
safely  enjoy  the  rights  of  life  and  liberty,  securely  possess  and  transmit 
property,  and,  so  far  as  laws  avail,  may  be  successful  in  the  pursuit  of 
happiness. 

3.  All  political  power  and  sovereignty  are  originally  vested  in,  and  of 
right  belong  to,  the  people.  All  free  governments  are  founded  in  their  au- 
thority, and  are  established  for  the  greatest  good  of  the  whole  number.  The 
people  have  therefore  an  unalienable  and  indefeasible  right,  in  their  original, 
sovereign,  and  unlimited  capacity,  to  ordain  and  institute  government,  and  in 
the  same  capacity  to  alter,  reform,  or  totally  change  the  same,  whenever 
their  safety  or  happiness  requires. 

4.  No  favor  or  disfavor  ought  to  be  shown  in  legislation  toward  any 
man,  or  party,  or  society,  or  religious  denomination.  The  laws  should  be 
made  not  for  the  good  of  the  few,  but  of  the  many ;  and  the  burdens  of 
the  State  ought  to  be  fairly  distributed  among  its  citizens. 

5.  The  diffusion  of  useful  knowledge,  and  the  cultivation  of  a  sound 
morality  in  the  fear  of  God,  being  of  the  first  importance  in  a  republican 
State,  and  indispensable  to  the  maintenance  of  its  liberty,  it  shall  be  an 
imperative  duty  of  the  legislature  to  promote  the  establishment  of  free 
schools,  and    to    assist    in    the    support    of    public    education. 

6.  Every  person  in  this  State  ought  to  find  a  certain  remedy,  by  having 
recourse  to  the  laws,  for  all  injuries  or  wrongs  which  may  be  done  to  his 
rights  of  person,  propert}',  or  character.  He  ought  to  obtain  right  and  jus- 
tice freely  and  without  purchase,  completely  and  without  denial,  promptl}' 
and  without  delay,  conformably  to  the  laws. 

7.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated;  and  no  warrant  shall  issue  but  on  complaint  in  writing  upon  prob- 
able cause,  supported  by  oath  or  affirmation,  and  describing  as  nearly  as 
may  be  the  place  to  be  searched,  and  the  person  or  things  to  be  seized. 


324  THE     DORR     WAR. 

8.  No  person  shall  be  held  to  answer  to  a  capital  or  other  infamous 
charge,  unless  on  indictment  by  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  service,  in  time  of 
war  or  public  danger.  No  person  shall  be  tried,  after  an  acquittal,  for  the 
same  crime  or  offence. 

9.  Every  man  being  presumed  to  be  innocent  until  pronounced  guilty 
by  the  law,  all  acts  of  severity,  that  are  not  necessary  to  secure  an  accused 
person,  ought  to  be  repressed. 

10.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  or  unusual  punishments  inflicted ;  and  all  punishments  ought  to 
be  proportioned  to  the  offence. 

11.  All  prisoners  shall  be  bailable  upon  sufficient  surety,  unless  for  capital 
offences,  when  the  proof  is  evident  or  the  presumption  great.  The  privilege 
of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when,  in  cases 
of  rebellion  or  invasion,  the  public  safety  shall  require  it. 

12.  In  all  criminal  prosecutions,  the  accused  shall  have  the  privilege  of 
a  speedy  and  public  trial,  by  an  impartial  jury;  be  informed  of  the  nature 
and  cause  of  the  accusation  ;  be  confronted  with  the  witnesses  against  him ; 
have  compulsory  process  to  obtain  them  in  his  favor,  and  at  the  public 
expense,  when  necessary  ;  have  the  assistance  of  counsel  in  his  defence,  and 
be  at  liberty  to  speak  for  himself.  Nor  shall  he  be  deprived  of  his  life, 
liberty,  or  property,  unless  b)^  the  judgment  of  his  peers,  or  the  law  of  the 
land. 

13.  The  right  of  trial  by  jury  shall  remain  inviolate,  and  in  all  criminal 
cases  the  jury  shall  judge  both  of  the  law  and  of  the  facts. 

14.  Any  person  in  this  State,  who  may  be  claimed  to  be  held  to  labor 
or  service,  under  the  laws  of  any  other  State,  Territory,  or  District,  shall 
be  entitled  to  a  jury  trial,  to  ascertain  the  validity  of  such  claim. 

15.  No  man  in  a  court  of  common  law  shall  be  required  to  criminate 
himself. 

16.  Retro.spective  laws,  civil  and  criminal,  are  unjust  and  oppressive,  and 
shall  not  be  made. 

17.  The  people  have  a  right  to  assemble  in  a  peaceable  manner  without 
molestation  or  restraint,  to  consult  upon  the  public  welfare  ;    a  right  to  give 


APPKNDIX      H.  />2r) 

instructions  to  their  Senators  and  Representatives ;  and  a  rij^lit  to  apj)!)-  to 
those  invested  with  the  powers  of  government  for  the  redress  of  grievances, 
for  the  repeal  of  injurious  laws,  for  the  correction  of  faults  of  administration, 
and  for  all  other  purposes. 

1 8.  The  liberty  of  the  press  being  essential  to  the  security  of  freedom  in 
a  State,  any  citizen  may  publish  his  sentiments  on  any  sul)ject,  being  re- 
sponsible for  the  abuse  of  that  liberty  ;  and  in  all  trials  for  libel,  both  civil 
and  criminal,  the  truth,  spoken  from  good  motives,  and  for  justifiable  ends, 
shall  be  a  sufficient  defence  to  the  person  charged. 

19.  Private  property  shall  not  be  taken  for  public  uses  without  just  com- 
pensation, nor  unless  the  public  good  require  it ;  nor  under  any  circumstances, 
until  compensation  shall  have  been  made,  if  required. 

20.  The  military  shall  always  be  held  in  strict  subordination  to  the  civil 
authority. 

21.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  with- 
out the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  manner  to  be  pre- 
scribed by  law. 

22.  Whereas  Almighty  God  hath  created  the  mind  free,  and  all  attempts 
to  influence  it  by  temporal  punishments,  or  burdens,  or  by  civil  incapacitations, 
tend  to  beget  habits  of  hypocrisy  and  meanness :  and  whereas  a  princii)al 
object  of  our  venerated  ancestors  in  their  migration  to  this  country,  and  their 
settlement  of  this  State,  was,  as  they  expressed  it,  to  hold  forth  a  lively  ex- 
periment, that  a  flourishing  civil  State  ma}'  stand,  and  be  best  maintained, 
with  full  libert}'  in  religious  concernments:  We  therefore  dkci.akk  that  no 
man  shall  be  compelled  to  frequent  or  support  any  religious  worship,  place, 
or  ministry  whatsoever,  nor  be  enforced,  restrained,  molested,  or  burdened  in 
his  body  or  goods,  nor  disqualified  from  holding  any  ofhce,  nor  otherwise 
suffer,  on  account  of  his  religious  belief ;  and  that  all  men  shall  be  free  to 
profess,  and  by  argument  to  maintain,  their  opinions  in  matters  of  religion  : 
and  that  the  same  shall  in  nowise  diminish,  enlarge,  or  affect  their  civil  ca- 
pacities ;  and  that  all  other  religious  rights  and  privileges  of  the  people  of 
this  State,  as  now  enjoyed,  shall  remain  inviolate  and  inviolable. 

23.  No  witness  shall  be  called  in  question  before  the  legislature,  nor  any 
court  of  this  State,  nor  before  any  magistrate  or  other  person  authorized  to 


326  THE     DORR     WAR. 

administer  an  oath  or  affirmation,  for  liis,or  her  religious  belief,  or  opinions, 
or  any  part  thereof ;  and  no  objection  to  a  witness,  on  the  ground  of  his  or 
her  religious  opinions,  shall  be  entertained  or  received. 

24.  The  citizens  shall  continue  to  enjoy  and  freely  exercise  all  the  rights 
of  fisher}-,  and  privileges  of  the  shore,  to  which  thej-  have  been  heretofore 
entitled  under  the  charter  and  usages  of  this  State. 

25.  The  enumeration  of  the  foregoing  rights  shall  not  be  construed  to 
impair  nor  deny  others  retained  by  the  people. 

ARTICLE    II. 

Of  Electors  and  the  Right  of  Suffrage. 

1.  Every  white  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years,  who  has  resided  in  this  State  for  one  year,  and  in  any  town,  city, 
or  district  of  the  same  for  six  months,  next  preceding  the  election  at  which 
he  offers  to  vote,  shall  be  an  elector  of  all  officers  who  are  elected,  or  may 
hereafter  be  made  eligible  b}'  the  people.  But  persons  in  the  military,  naval 
or  marine  service  of  the  United  States,  shall  not  be  considered  as  having 
such  established  residence,  by  being  stationed  in  any  garrison,  barrack,  or 
military  place  in  any  town  or  city  in  this  State. 

2.  Paupers  and  per.sons  under  guardianship,  insane,  or  lunatic,  are  ex- 
cluded from  the  electoral  right ;  and  the  same  shall  be  forfeited  on  convic- 
tion of  briber}',  forgery,  perjury,  theft,  or  other  infamous  crime,  and  shall 
not  be  restored  unless  by  an  act  of  the  General  Assembly. 

3.  No  person  who  is  excluded  from  voting,  for  want  of  the  qualification 
first  named  in  section  first  of  this  article,  .shall  be  taxed,  or  be  liable  to  do 
military  duty  ;  provided  that  nothing  in  .said  first  article  shall  be  so  construed 
as  to  exempt   from  taxation  any  property  or  persons  now  liable  to  be  taxed. 

4.  No  elector  who  is  not  pos.sessed  of,  and  as.sessed  for,  ratable  property 
in  his  own  right,  to  the  amount  of  one  hundred  and  fifty  dollars,  or  who 
.shall  have  neglected  or  refused  to  pay  any  tax  asses.sed  upon  him,  in  any 
town,  city,  or  district,  for  one  year  preceding  the  town,  city,  ward,  or  district 
meeting  at  which  he  shall  offer  to  vote,  shall  be  entitled  to  vote  on  any 
question  of  taxation,  or  the  expenditure  of  public  moneys  in  such  town, 
city  or  district,  until  the  .same  be  paid. 


Al'l'KNDlX     n.  .j27 

5.  In  the  city  of  Providence,  and  other  cities,  no  person  shall  be  eligible 
to  the  office  of  mayor,  alderman,  or  common  councilman,  who  is  not  taxed, 
or  who  shall  have  neglected  or  refused  to  i)ay  his  tax,  as  ])rovided  in  the 
preceding  section. 

6.  The  voting  for  all  officers  chosen  by  the  pe<jple,  except  town  or  city 
officers,  shall  be  by  ballot ;  that  is  to  say,  by  depositing  a  written  or  printed 
ticket  in  the  ballot-box,  without  the  name  of  the  voter  written  thereon. 
Town  or  city  officers  shall  be  chosen  by  ballot,  on  the  demand  of  any  two 
persons  entitled  to  vote  for  the  same. 

7.  There  shall  be  a  strict  registration  of  all  qualified  voters  in  the  towns 
and  cities  of  the  State ;  and  no  person  shall  be  permitted  to  vote,  whose 
name  has  not  been  entered  upon  the  list  of  voters  before  the  polls  are  opened. 

8.  The  General  Assembly  shall  pass  all  necessary  laws  for  the  preven- 
tion of  fraudulent  voting  by  persons  not  having  an  actual,  permanent  resi- 
dence, or  home,  in  the  State,  or  otherwise  disqualified  according  to  this 
constitution  ;  for  the  careful  registration  of  all  voters,  previously  to  the  time 
of  voting;  for  the  prevention  of  frauds  upon  the  ballot-box;  for  the  preser- 
vation of  the  purity  of  elections;  and  for  the  safe -keeping  and  accurate 
counting  of  votes  ;  to  the  end  that  the  will  of  the  people  may  be  freely  and 
fully  expressed,  truly  ascertained,  and  effectually  exerted,  without  intimida- 
tion, suppression,  or  unnecessary  delay. 

9.  The  electors  shall  be  exempted  from  arrest  on  days  of  election,  and 
one  day  before,  and  one  day  after  the  same,  except  in  cases  of  treason, 
felony,  or  breach  of  the  peace. 

10.  No  person  shall  be  eligible  to  any  office  by  the  votes  of  the  people, 
who  does  not  possess  the  qualifications  of  an  elector. 

ARTICLE   HI. 

0/  the  Distribution  of  Pozcers. 

1.  The  powers  of  the  government  shall  be  distributed  into  three  depart- 
ments— ^the  legislative,  the  executive,  and  the  judicial. 

2.  No  person  or  persons  connected  with  one  of  these  departments  shall 
exercise  any  of  the  powers  belonging  to  either  of  the  others,  except  in  cases 
herein  directed  or  permitted. 


328  THE     DORR     WAR. 

ARTICLE   IV. 

Of  the  Legislative  Departmeyit. 

1.  The  legislative  power  shall  be  vested  in  two  distinct  Houses:  the  one 
to  be  called  the  House  of  Representatives,  the  other  the  Senate,  and  both 
together  the  General  Assembly.  The  concurrent  votes  of  the  two  Houses 
shall  be  necessary  to  the  enactment  of  laws ;  and  the  style  of  their  laws 
shall  be :    Be  it  enacted  by  the  General  Assembly  as  follows. 

2.  No  member  of  the  General  Assembly  shall  be  eligible  to  any  civil 
office  under  the  authority  of  the  State,  during  the  term  for  which  he  shall 
have  been  elected. 

3.  If  any  Representative,  or  Senator,  in  the  General  Assembly  of  this 
State,  shall  be  appointed  to  any  office  under  the  government  of  the  United 
States,  and  shall  accept  the  same,  after  his  election  as  such  Senator  or  Rep- 
resentative, his  seat  shall  thereby  become  vacant. 

4.  Any  person  who  holds  an  office  under  the  government  of  the  United 
States  may  be  elected  a  member  of  the  General  Assembly,  and  may  hold 
his  seat  therein,  if,  at  the  time  of  his  taking  his  seat,  he  shall  have  resigned 
said  office,  and  shall  declare  the  same  on  oath,  or  affirmation,  if  required. 

5.  No  member  of  the  General  Assembly  shall  take  any  fees,  be  of  counsel 
or  act  as  advocate  in  any  case  pending  before  either  branch  of  the  General 
Assembly,  under  penalty  of  forfeiting  his  .seat,  upon  due  proof  thereof. 

6.  Each  House  shall  judge  of  the  election  and  qualifications  of  its  mem- 
bers ;  and  a  majority  of  all  the  members  of  each  House,  whom  the  towns 
and  the  Senatorial  districts  are  entitled  to  elect,  shall  constitute  a  quorum  to 
do  business ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  House  may  have  previously  prescribed. 

7.  Each  House  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two -thirds  of 
the  members  elected,  expel  a  member ;  but  not  a  second  time  for  the  same 
cause. 

8.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  publi.sh  the 
same  when  required  by  one -fifth  of  its  members.     The  yeas  and  nays  of  the 


ArrKNDix    H.  ;J2'J 

members  of  either  House  shall,  at  the  desire  of  any  five  nienibers  present,  be 
entered  on  the  journal. 

9.  Neither  House  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  two  days,  nor  to  any  other  place  than  that  at  which  the  C»eneral 
Assembly  is  holding  its  session. 

10.  The  Senators  and  Representatives  shall,  in  all  cases  of  civil  ])rocess, 
be  privileged  from  arrest  during  the  session  of  the  (General  Assembly,  and 
for  two  days  before  the  commencement,  and  two  days  after  the  termination 
of  any  session  thereof.  For  any  speech  in  debate  in  either  House,  no  mem- 
ber shall  be  called  in  question  in  any  other  place. 

11.  The  civil  and  military  officers,  heretofore  elected  in  grand  committee, 
shall  hereafter  be  elected  annually  by  the  General  Assembly,  in  joint  com- 
mittee, composed  of  the  tw'o  Houses  of  the  General  Assembly,  excepting  as 
is  otherwise  provided  in  this  con.stitution  ;  and  excepting  the  captains  and 
subalterns  of  the  militia,  who  shall  be  elected  by  the  ballots  of  the  members 
composing  their  respective  companies,  in  such  manner  as  the  General  Assem- 
bly may  prescribe ;  and  such  officers,  so  elected,  shall  be  approved  of  and 
commissioned  by  the  Governor,  who  shall  determine  their  rank ;  and,  if  said 
companies  shall  neglect  or  refuse  to  make  such  elections,  after  being  duly 
notified,  then  the  Governor  shall  appoint  suitable   persons  to  fill  such  offices. 

12.  Every  bill  and  every  resolution  requiring  the  concurrence  of  the  two 
Houses  (votes  of  adjournment  excepted),  which  shall  have  passed  both  Houses 
of  the  General  Assembly,  shall  be  presented  to  the  Governor  for  his  revision. 
If  he  approve  of  it,  he  shall  sign  and  transmit  the  same  to  the  vSecretary  of 
State ;  but,  if  not,  he  shall  return  it  to  the  House  in  which  it  shall  have 
originated,  with  his  objections  thereto,  which  shall  be  entered  at  large  on 
their  journal.  The  House  shall  then  proceed  to  reconsider  the  bill ;  and  if, 
after  such  reconsideration,  that  House  shall  pass  it  by  a  majority  of  all  the 
members  elected,  it  shall  be  sent  with  the  objections  to  the  other  House, 
which  shall  also  reconsider  it ;  and,  if  approved  by  that  House,  by  a  majority 
of  all  the  members  elected,  it  shall  become  a  law.  If  the  bill  shall  not  be 
returned  by  the  Governor  within  forty-eight  hours  (Sundays  excepted),  after 
it  shall  have  been   presented  to  him,   the  same  shall   become  a   law,   in   like 

48 


'660  THE     DORR     WAR. 

manner  as  if  he  had  signed  it,  unless  the  General  Assembly  by  their  adjourn- 
ment, prevent  its  return ;    in  which  case,  it  shall  not  be  a  law. 

13.  There  shall  be  two  sessions  of  the  General  Assembly  in  every  year; 
one  session  to  be  held  at  Newport,  on  the  first  Tuesday  of  June,  for  the 
organization  of  the  government,  the  election  of  officers,  and  for  other  business ; 
and  one  other  session  on  the  first  Tuesday  of  January,  to  be  held  at  Provi- 
dence, in  the  first  year  after  the  adoption  of  this  constitution,  and  in  every 
second  year  thereafter.  In  the  intermediate  years,  the  January  session  shall 
be  forever  hereafter  held  in  the  counties  of  Washington,  Kent,  or  Bristol,  as 
the  General  Assembly  may  determine  before  their  adjournment  in  June. 

ARTICLE   V. 

Of  the  House  of  Representatives. 

1.  The  House  of  Representatives  shall  consist  of  members  chosen  by  the 
electors  in  the  several  towns  and  cities,  in  their  respective  town  and  ward 
meetings,  annually. 

2.  The  towns  and  cities  shall  severally  be  entitled  to  elect  members  ac- 
cording to  the  apportionment  which  follows,  viz.  :  Newport  to  elect  five ; 
Warwick,  four;  Smithfield,  five;  Cumberland,  North  Providence,  and  Scituate, 
three  ;  Portsmouth,  Westerly,  New  Shoreham,  North  Kingstown,  South  Kings- 
town, Ea.st  Greenwich,  Glocester,  West  Greenwich,  Coventry,  Exeter,  Bristol, 
Tiverton,  Eittle  Compton,  Warren,  Richmond,  Cranston,  Charlestown,  Hop- 
kinton,  Johnston,  F^oster,  and  Burrillville  to  elect  two  ;  and  Jamestown, 
Middletown,  and  Barrington  to  elect  one. 

3.  In  the  city  of  Providence  there  shall  be  six  representative  districts, 
which  shall  be  the  six  wards  of  said  cit}'  ;  and  the  electors  resident  in  said 
districts,  for  the  term  of  three  months  next  preceding  the  election  at  which 
they  offer  to  vote,  shall  be  entitled  to  elect  two  Representatives  for  each 
district. 

4.  The  General  Assembly,  in  case  of  great  inequality  in  the  population 
of  the  wards  of  the  city  of  Providence,  may  cause  the  boundaries  of  the  six 
representative  districts  therein  to  be  so  altered  as  to  include  in  each  district, 
as  nearly  as  may  be,  an  equal  ntimber  of  inhabitants. 


AI'PKNDIX     H.  ool 

5.  The  House  of  Representatives  shall  ha\e  authority  to  elect  their  own 
Speaker,  clerks,  and  other  officers.  The  oath  of  office  shall  be  administered 
to  the  Speaker  by  the  Secretary  of  vState,  or,  in  his  absence,  by  the  Attor- 
ney-General. 

6.  Whenever  the  seat  of  a  member  of  the  House  of  Representatives 
.shall  be  vacated  by  death,  resignation,  or  otherwise,  the  \-acancy  may  be 
filled  by  a  new  election. 

ARTICLE   VI. 

Of  the  Soiate. 

1.  The  State  shall  be  divided  into  twelve  senatorial  districts;  and  each 
district  shall  be  entitled  to  one  Senator,  who  shall  be  annually  chosen  by 
the  electors  in  his  district. 

2.  The  first,  second,  and  third  representative  districts  in  the  city  of  Prov- 
idence shall  constitute  the  first  senatorial  di.strict ;  the  fourth,  fifth,  and  sixth 
representative  di.stricts  in  said  city,  the  second  district ;  the  town  of  vSmithfield, 
the  third  district ;  the  towns  of  North  Providence  and  Cumberland,  the  fourth 
district ;  the  towns  of  Scituate,  Glocester,  Burrillville,  and  Johnston,  the  fifth 
district;  the  towns  of  Warwick  and  Cranston,  the  sixth  district;  the  towns 
of  East  Greenwich,  West  Greenwich,  Coventry,  and  Foster,  the  seventh  dis- 
trict ;  the  towns  of  Newport,  Jamestown,  and  New  Shoreham,  the  eighth 
district;  the  towns  of  Portsmouth,  Middletown,  Tiverton,  and  Little  Compton, 
the  ninth  district ;  the  towns  of  North  Kingstown  and  South  Kingstown, 
the  tenth  district ;  the  towns  of  Westerly,  Charle.stown,  Exeter,  Richmond, 
and  Hopkinton,  the  eleventh  district ;  the  towns  of  Bristol,  Warren,  and 
Barrington,  the  twelfth  district. 

3.  The  Lieutenant-Governor  shall  be,  by  virtue  of  his  office.  President 
of  the  Senate ;  and  shall  have  a  right,  in  case  of  an  equal  division,  to  vote 
in  the  same  ;  and  also  to  vote  in  joint  committee  of  the  two  Houses. 

4.  When  the  government  shall  be  administered  by  the  Lieutenant-Gov- 
ernor, or  he  shall  be  unable  to  attend  as  President  of  the  Senate,  the  Senate 
shall  elect  one  of  their  own  members  President  of  the  same. 

5.  Vacancies  in  the  Senate,  occasioned  by  death,  resignation,  or  other- 
wise, may  be  filled  by  a  new^  election. 


332  THE    DORR    WAR. 

6.  The  Secretary  of  State  shall  be,  by  virtue  of  his  ofBce,  Secretary  of 
the  Senate. 

ARTICLE   VII. 

Of  Impeachments . 

1.  The  House  of  Representatives  shall  have  the  sole  power  of  impeach- 
ment. 

2.  All  impeachments  shall  be  tried  by  the  Senate ;  and  when  sitting  for 
that  purpose,  they  shall  be  on  oath  or  affirmation.  No  person  shall  be  con- 
victed, except  by  a  vote  of  two -thirds  of  the  members  elected.  When  the 
Governor  is  impeached,  the  chief  justice  of  the  supreme  court  shall  preside, 
wnth  a  casting  vote  in  all  preliminary  questions. 

3.  The  Governor,  and  all  other  executive  and  judicial  officers,  shall  be 
liable  to  impeachment;  but  judgments,  in  such  cases,  shall  not  extend  further 
than  to  removal  from  office.  The  party  convicted  shall,  nevertheless,  be  liable 
to  indictment,  trial,  and  punishment  according  to  law. 

ARTlCIvE  VIII. 

Of  the  Executive  Department. 

1.  The  chief  executive  power  of  this  State  shall  be  vested  in  a  Governor, 
who  shall  be  chosen  by  the  electors,  and  shall  hold  his  office  for  one  j'ear, 
and  until  his  successor  be  duly  qualified. 

2.  No  person  holding  any  office  or  place  under  the  United  States,  this 
State,  any  other  of  the  United  States,  or  any  foreign  power,  shall  exercise 
the  office  of  Governor. 

3.  He  shall  take  care  that  the  laws  are  faithfully  executed. 

4.  He  shall  be  commander-in-chief  of  the  military  and  naval  forces  of 
the  vState,  except  when  called  into  the  actual  service  of  the  United  States; 
but  he  shall  not  march  nor  convey  any  of  the  citizens  out  of  the  State, 
without  their  consent,  or  that  of  the  General  Assembly,  unless  it  shall 
become  necessary  in  order  to  march  or  transport  them  from  one  part  of 
the  vState  to  another,   for  the  defence  thereof. 


Ai'pKNDix    n.  :;:i;j 

5.  He  shall  appoint  all  civil  and  military  ofTiccrs  whose  api)ointnit.-nt  is 
not   by   this  constitution,  or   shall   not   by   law,   ])e   otherwise   provided    for. 

6.  He  shall,  from  time  to  time,  inform  the  (icneral  Assembly  of  the 
condition  of  the  State,  and  recommend  to  their  consideration  such  measures 
as  he  may   deem  expedient. 

7.  He  may  require  from  any  military  officer,  or  any  officer  in  the  execu- 
tive department,  information  upon  any  sul>ject  relatinj^  to  the  duties  of  his 
ofRce. 

8.  He  shall  have  power  to  remit  forfeitures  and  penalties,  and  to  grant 
reprieves,  commutation  of  punishments,  and  pardons  after  conviction,  except 
in  cases  of  impeachment. 

g.  The  Governor  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation which  shall  not  be  increased  nor  diminished  during  his  continuance 
in  office. 

10.  There  shall  be  elected,  in  the  same  manner  as  is  provided  for  the 
election  of  Governor,  a  lyieutenant- Governor,  who  shall  continue  in  office 
for  the  same  term  of  time.  Whenever  the  office  of  Governor  shall  become 
vacant  by  death,  resignation,  removal  from  office,  or  otherwise,  the  Lieutenant  - 
Governor  shall  exercise  the  office  of  Governor  until  another  Governor  shall 
be  duly  qualified. 

11.  Whenever  the  offices  of  Governor  and  Lieutenant-Governor  shall 
both  become  vacant,  by  death,  resignation,  removal  from  office,  or  other- 
wise, the  President  of  the  Senate  shall  exercise  the  office  of  Governor  until 
a  Governor  be  duly  qualified ;  and  should  such  vacancies  occur  during  a 
recess  of  the  General  Assemblj-,  and  there  be  no  President  of  the  Senate, 
the  Secretary  of  State  shall,  by  proclamation,  convene  the  Senate,  that  a 
President  may  be  chosen  to  exercise  the  office  of  Governor. 

12.  Whenever  the  Lieutenant-Governor  or  President  of  the  Senate  shall 
exercise  the  office  of  Governor,  he  shall  receive  the  compensation  of  Gov- 
ernor only  ;  and  his  duties  as  President  of  the  Senate  shall  cea.se  while  he 
shall  continue  to  act  as  Governor;  and  the  Senate  shall  fill  the  vacancy 
by  an  election  from  their  ow-n  body. 

13.  In  case  of  a  disagreement  between  the.  two  Houses  of  the  General 
Assembly   respecting   the  time  or  place  of   adjournment,   the    person   exercis- 


334  THE     DORR     WAR. 

ing  the  office  of  Governor  maj^  adjourn  them  to  such  time  or  place  as  he 
shall  think  proper ;  provided  that  the  time  of  adjournment  shall  not  be  ex- 
tended be3'ond  the  first  day  of  the  next  stated  session. 

14.  The  person  exercising  the  office  of  Governor  may,  in  cases  of  special 
necessity,  convene  the  General  Assembly  at  any  town  or  city  in  this  State, 
at  any  other  time  than  hereinbefore  provided.  And,  in  case  of  danger  from 
the  prevalence  of  epidemic  or  contagious  diseases,  or  from  other  circum- 
stances, in  the  place  in  which  the  General  Assembly  are  next  to  meet,  he 
may,  by  proclamation,  convene  the  Assembly  at  any  other  place  within  the 
State. 

15.  A  Secretary  of  State,  a  General  Treasurer,  and  an  Attorney -General, 
shall  also  be  chosen  annually,  in  the  same  manner,  and  for  the  same  time, 
as  is  herein  provided  respecting  the  Governor.  The  duties  of  these  officers 
shall  be  the  same  as  now,  or  may  be  hereafter  be,  prescribed  by  law.  Should 
there  be  a  failure  to  choose  either  of  them,  or  should  a  vacanc}^  occur  in 
either  of  their  offices,  the  General  Assembl}'  shall  fill  the  place  by  an  elec- 
tion in  joint  committee. 

16.  The  electors  in  each  county  shall,  at  the  annual  elections,  vote  for 
an  inhabitant  of  the  county  to  be  sheriff  of  said  county,  for  one  3'ear,  and 
until  a  successor  be  duly  qualified.  In  case  no  person  .shall  have  a  majority 
of  the  electoral  votes  of  his  county  for  sheriff,  the  General  Assembly,  in 
joint  committee,  shall  elect  a  sheriff  from  the  two  candidates  who  shall  have 
the  greatest  number  of  votes  in  such  county. 

17.  All  commissions  shall  be  in  the  name  of  the  State  of  Rhode  Island 
and  Providence  Plantations,  sealed  with  the  seal  of  the  State,  and  attested 
by  the  Secretary. 

articlp:  IX. 

General  Provisions. 

1.  This  constitution  shall  be  the  supreme  law  of  the  State;  and  all  laws 
contrary  to,  or  inconsistent  with  the  same,  which  may  be  passed  by  the  Gen- 
eral Assembly,  shall  be  null  and  void. 

2.  The  General  Assembly  shall  pass  all  necessary  laws  for  carrying  this 
constitution  into  effect. 


APPENDIX   15.  :]:]-) 

3.  The  judges  of  all  the  courts,  and  all  other  officers,  both  civil  and 
military,  shall  be  bound  by  oath  or  affirmation  to  the  due  observance  of  this 
constitution,  and  of  the  constitution  of  the  United  States. 

4.  No  jurisdiction  shall,  hereafter,  be  entertained  by  the  (icneral  Assem- 
bly in  cases  of  insolvency,  divorce,  sale  of  real  estate  of  minors,  or  appeal 
from  judicial  decisions,  nor  in  any  other  matters  appertaining  to  the  juris- 
diction of  judges  and  courts  of  law.  liut  the  General  Assembly  shall  confer 
upon  the  courts  of  the  State  all  necessary  powers  for  affording  relief  in  the 
cases  herein  named;  and  the  General  Assembly  shall  exerci.se  all  other  juris- 
diction and  authority  which  they  have  heretofore  entertained,  and  which  is 
not  prohibited  by,  nor  repugnant  to,  this  constitution. 

5.  The  General  Assembly  shall,  from  time  to  time,  cau.se  estimates  to  be 
made  of  the  ratable  property  of  the  State,  in  order  to  the  equitable  apportion- 
ment of  State  taxes. 

6.  Whenever  a  direct  tax  is  laid  by  the  State,  one -sixth  part  thereof 
shall  be  assessed  on  the  polls  of  the  qualified  electors  :  provided  that  the  tax 
upon  a  poll  shall  never  exceed  the  sum  of  fifty  cents ;  and  that  all  persons 
who  actually  perform  military  duty,  or  duty  in  the  fire  department,  shall  be 
exempted  from  said  poll  tax. 

7.  The  General  Assembly  shall  have  no  power  hereafter  to  incur  State 
debts  to  an  amount  exceeding  the  sum  of  fifty  thousand  dollars,  except  in 
time  of  war,  or  in  case  of  invasion,  wdthout  the  express  consent  of  the  people. 
Every  proposition  for  such  increase  shall  be  submitted  to  the  electors  at  the 
next  annual  election,  or  on  some  day  to  be  set  apart  for  that  purpo.se ;  and 
shall  not  be  farther  entertained  by  the  General  As.sembly,  unless  it  receive 
the  votes  of  a  majority  of  all  the  persons  voting.  This  section  shall  not  be 
construed  to  refer  to  any  money  that  now  is,  or  hereafter  may  be,  deposited 
with  this  State  by  the  General  Government. 

8.  The  assent  of  two -thirds  of  the  members  elected  to  each  House  of  the 
General  Assembly  shall  be  requisite  to  every  bill  appropriating  the  pul^lic 
moneys,  or  property,  for  local  or  private  purposes  ;  or  for  creating,  continuing, 
altering,  or  renewing  an}-  body  politic  or  corporate,  banking  corporations  ex- 
cepted. 

9.  Hereafter,  when  any  bill  creating,  continuing,  altering,  or  renewing 
any  banking  corporation,  authorized  to  issue  its  promissory  notes  for  circula- 


336  THE     DORR     WAR. 

tion,  shall  pass  the  two  Houses  of  the  General  Assembly,  instead  of  being 
sent  to  the  Governor,  it  shall  be  referred  to  the  electors  for  their  considera- 
tion, at  the  next  annual  election,  or  on  some  day  to  be  set  apart  for  that 
purpose,  with  printed  tickets  containing  the  question  —  Shall  said  bill  (with 
a  brief  description  of  it)  be  approved  or  not  ?  and  if  a  majority  of  the  elec- 
tors voting  shall  vote  to  approve  said  bill,  it  shall  become  a  law  ;  otherwise 
not. 

10.  All  grants  of  incorporation  shall  be  subject  to  future  acts  of  the 
General  Assembly,  in  amendment  or  repeal  thereof,  or  in  anywise  affecting 
the  same ;  and  this  provision  shall  be  inserted  in  all  acts  of  incorporation 
hereafter  granted. 

11.  The  General  Assembly  shall  exercise,  as  heretofore,  a  visitatorial 
power  over  corporations.  Three  bank  commissioners  shall  be  chosen  at  the 
June  session  for  one  year,  to  carry  out  the  powers  of  the  General  Assembly 
in  this  respect.  And  commissioners  for  the  visitation  of  other  corporations, 
as  the  General  Assembly  may  deem  expedient,  shall  be  chosen  at  the  June 
.session,  for  the  same  term  of  office. 

12.  No  city  council,  or  other  government,  in  any  city,  shall  have  power 
to  vote  any  tax  upon  the  inhabitants  thereof,  excepting  the  amount  neces- 
sary to  meet  the  ordinary  public  expenses  of  the  same,  without  first  sub- 
mitting the  question  of  an  additional  tax,  or  taxes,  to  the  electors  of  said 
city  ;  and  a  majority  of  all  who  vote  shall  determine  the  question.  But  no 
elector  shall  be  entitled  to  vote,  in  any  city,  upon  any  question  of  taxation 
thus  submitted,  unless  he  .shall  be  qualified  by  the  possession,  in  his  own 
right,  of  ratable  property  to  the  amount  of  one  hundred  and  fifty  dollars, 
and  .shall  have  been  a.s.sessed  thereon  to  pay  a  city  tax,  and  shall  have  paid 
the  same,  as  provided  in  section  fourth  of  article  two.  Nothing  in  that 
article  .shall  be  so  construed  as  to  prevent  any  elector  from  voting  for  town 
officers,  and,  in  the  city  of  Providence,  and  other  cities,  for  mayor,  aldermen, 
and  members  of  the  common  council. 

13.  The  General  Assembly  shall  not  pass  any  law,  nor  cause  any  act 
or  thing  to  be  done,  in  any  way  to  disturb  any  of  the  owners  or  occupants 
of  land  in  any  territory  now  under  the  juri.sdiction  of  any  other  vState  or 
vStates,   the   jurisdiction   whereof   may   be  ceded    to   or   decreed    to    belong   to, 


APPENDIX   \i.  :y.*,'j 

this  State  ;  and  the  inhabitants  of  sucli  territory  shall  continue  in  the  full, 
quiet,  and  undisturbed  enjoj'ment  of  their  titles  to  the  same,  without  inter- 
ference in  any  way  on  the  ])art  of  this  vState. 

ARTlCLIv    X. 

0/  JiU'ctions. 

1.  The  election  of  the  Governor,  Lieutenant -Governor,  vSecretary  of  vState, 
General  Treasurer,  Attorney -General,  and  also  of  Senators  and  Representa- 
tives to  the  General  Assembly,  and  of  sheriffs  of  the  counties,  shall  be  held 
on  the  third  Wednesday  of  April  annually. 

2.  The  names  of  the  persons  voted  for  as  Governor,  Lieutenant-Governor, 
Secretary  of  State,  General  Treasurer,  Attorney -General,  and  sheriffs  of  the 
respective  counties,  shall  be  put  upon  one  ticket;  and  the  tickets  shall  be 
deposited  by  the  electors  in  a  box  b}'  themselves.  The  names  of  the  per- 
.sons  voted  for  as  Senators  and  as  Representatives  shall  be  put  upon  separate 
tickets,  and  the  tickets  shall  be  deposited  in  separate  boxes.  The  polls  for 
all  the  officers  named  in  this  section  shall  be  opened  at  the  same  time. 

3.  All  the  votes  given  for  Governor,  Lieutenant  -  Governor,  Secretary  of 
State,  General  Treasurer,  Attorney  -  General,  sheriffs,  and  also  for  Senators,  shall 
remain  in  the  ballot-boxes  till  the  polls  be  closed.  These  votes  shall  then, 
in  open  town  and  ward  meetings,  and  in  the  presence  of  at  least  ten  quali- 
fied voters,  be  taken  out  and  sealed  up,  in  separate  envelopes,  by  the  moder- 
ators and  town  clerks,  and  by  the  wardens  and  ward  clerks,  who  shall 
certify  the  same,  and  forthwith  deliver  or  send  them  to  the  Secretary  of 
State,  whose  duty  it  shall  be  securely  to  keep  the  same,  and  to  deliver  the 
votes  for  State  officers  and  sheriffs  to  the  Speaker  of  the  House  of  Repre- 
sentatives, after  the  House  shall  be  organized,  at  the  June  session  of  the 
General  Assembly.  The  votes  last  named  shall,  without  delay,  be  opened, 
counted,  and  declared,  in  such  manner  as  the  House  of  Representatives  shall 
direct;  and  the  oath  of  office  shall  be  administered  to  the  persons  who  shall 
be  declared  to  be  elected,  by  the  Speaker  of  the  House  of  Representatives, 
and  in  the  presence  of  the  House ;  provided  that  the  sheriffs  may  take  their 
engagement  before  a  Senator,  judge,  or  justice  of  the  peace.      The  votes  for 

43 


338  THE     DORR     WAR. 

Senators  shall  be  counted  by  the  Governor  and  Secretary  of  State  within 
seven  days  from  the  day  of  election ;  and  the  Governor  shall  give  certificates 
to  the  Senators  who  are  elected. 

4.  The  boxes  containing  the  votes  for  Representatives  to  the  General 
Assembly  in  the  several  towns  shall  not  be  opened  till  the  polls  for  Repre- 
sentatives are  declared  to  be  closed.  The  votes  shall  then  be  declared  by 
the  moderator  and  clerk,  who  shall  announce  the  result,  and  give  certificates 
to  the  persons  selected.  If  there  be  no  election,  or  not  an  election  of  the 
whole  number  of  Representatives  to  which  the  town  is  entitled,  the  polls  for 
Representatives  may  be  re -opened,  and  the  like  proceedings  shall  be  had, 
until  an  election  shall  take  place:  provided,  however,  that  an  adjournment 
of  the  election  may  be  made  to  a  time  not  exceeding  seven  days  from  the 
first  meeting. 

5.  In  the  city  of  Providence,  and  other  cities,  the  polls  for  Representa- 
tives shall  be  kept  open  during  the  whole  time  of  voting  for  the  day  ;  and 
the  votes  in  the  several  wards  shall  be  sealed  up,  at  the  close  of  the  meeting, 
by  the  wardens  and  ward  clerks,  in  the  presence  of  at  least  ten  qualified  elec- 
tors, and  delivered  to  the  city  clerks.  The  mayor  and  aldermen  of  said  city 
or  cities,  'shall  proceed  to  count  said  votes  wdthin  two  days  from  the  day  of 
election  ;  and  if  no  election,  or  an  election  of  only  a  portion  of  the  Represent- 
atives whom  the  representative  districts  are  entitled  to  elect,  shall  have  taken 
place,  the  mayor  and  aldermen  shall  order  a  new  election  to  be  held,  not 
more  than  ten  days  from  the  day  of  the  first  election  ;  and  so  on,  till  the 
election  of  Representatives  shall  be  completed.  Certificates  of  election  shall 
be  furnished  to  the  persons  chosen,  by  the  city  clerks. 

6.  If  there  be  no  choice  of  a  Senator  or  Senators  at  the  annual  election, 
the  Governor  shall  issue  his  warrant  to  the  town  and  ward  clerks  of  the 
several  towns  and  cities  in  the  senatorial  district  or  districts  that  may  have 
failed  to  elect,  requiring  them  to  open  town  or  ward  meetings  for  another 
election,  on  a  day  not  more  than  fifteen  days  beyond  the  time  of  counting 
the  votes  for  Senators.  If,  on  the  second  trial,  there  shall  be  no  choice  of  a 
vSenator  or  Senators,  the  Governor  shall  certify  the  result  to  the  Speaker  of 
the  House  of  Representatives ;  and  the  House  of  Representatives,  and  as 
many  vSenators  as  shall  have  been  chosen,  shall  forthwith  elect,  in  joint  com- 


APPENDIX   P.  :VM) 

raittee.  a  Senator  or  vSenators,  from  the  two  candidates  who   may  receive  the 
highest  number  of  votes  in  each  district. 

7.  If  there  be  no  choice  for  Governor  at  the  annual  election,  the  Speaker 
of  the  House  of  Representatives  shall  issue  his  warrant  to  the  clerks  of  the 
several  towns  and  cities,  requiring  them  to  notify  town  and  ward  meetings 
for  another  election,  on  a  day  to  be  named  by  him,  not  more  than  thirty 
nor  less  than  twenty  days  beyond  the  time  of  receiving  the  report  of  the 
committee  of  the  House  of  Representatives  who  shall  count  the  votes  for 
Governor.  If  on  this  second  trial  there  shall  be  no  choice  of  a  Governor, 
the  two  Houses  of  the  General  Assembly  shall,  at  their  next  session,  in  joint 
committee,  elect  a  Governor  from  the  two  candidates  having  the  highest  num- 
ber of  votes,  to  hold  his  office  for  the  remainder  of  the  ])olitical  year,  and 
until  his  successor  be  dul}-  qualified. 

8.  If  there  be  no  choice  of  Governor  and  Lieutenant-Governor  at  the 
annual  election,  the  same  proceedings  for  the  choice  of  a  Lieutenant-Gov- 
ernor shall  be  had  as  directed  in  the  preceding  .section  :  provided,  that  the 
second  trial  for  the  election  of  Governor  and  Lieutenant-Governor  shall  be 
on  the  same  day  ;  and  also  provided,  that,  if  the  Governor  shall  be  chosen 
at  the  annual  election,  and  the  Lieutenant-Governor  shall  not  be  chosen, 
then  the  last-named  officer  shall  l^e  elected  in  joint  committee  of  the  two 
Houses,  from  the  tw^o  candidates  having  the  highest  number  of  votes,  with- 
out a  further  appeal  to  the  electors.  The  Lieutenant-Governor,  elected  as 
provided  in  this  section,  shall  hold  his  office  as  is  provided  in  the  preceding 
section  respecting  the  Governor. 

9.  All  town,  city,  and  ward  meetings  for  the  choice  of  Representatives, 
justices  of  the  peace,  sheriffs.  Senators,  State  officers,  Representatives  to  Con- 
gress, and  electors  of  President  and  Vice-President,  shall  be  notified  by  the 
town,  city,  or  ward  clerks,  at  least  seven  days  before  the  same  are  held. 

10.  In  all  elections  held  by  the  people  under  this  constitution,  a  majority 
of  all  the  electors  voting  shall  be  necessary  to  the  choice  of  the  person  or 
persons  voted  for. 

11.  The  oath,  or  affirmation,  to  be  taken  by  all  the  officers  named  in  this 
article  shall  be  the  following  :  You,  being  elected  to  the  place  (of  Governor, 
Lieutenant-Governor,   Secretary   of   State,    General   Treasurer,   Attorney -Gen- 


A 


40  THE     DORR     WAR. 


eral,  or  to  the  places  of  Senators  or  Representatives,  or  to  the  office  of 
sheriff  or  justice  of  the  peace),  do  solemnly  swear,  or  severally  solemnly 
swear,  or  affirm,  that  you  will  be  true  and  faithful  to  the  State  of  Rhode 
Island  and  Providence  Plantations,  and  that  you  will  support  the  constitution 
thereof ;  that  you  will  support  the  constitution  of  the  United  States ;  and 
that  you  will  faithfully  and  impartially  discharge  the  duties  of  your  afore- 
said office,  to  the  best  of  your  abilities  and  understanding :  so  help  you  God  ! 
or,  this  affirmation  you  make  and  give  upon  the  peril  of  the  penalty  of  perjury. 

ARTICLE   XL 
Of  the  Judiciary. 

1.  The  judicial  power  of  this  State  shall  be  vested  in  one  supreme  court, 
and  in  such  other  courts,  inferior  to  the  supreme  court,  as  the  legislature 
may,  from  time  to  time,  ordain  and  establish;  and  the  jurisdiction  of  the  su- 
preme and  of  all  other  courts  may,  from  time  to  time,  be  regulated  by  the 
General  Assembly. 

2.  Chancery  power  may  be  conferred  on  the  supreme  court ;  but  no  other 
court  exercising  chancery  powers  shall  be  established  in  this  State,  except  as 
is  now  provided  by  law. 

3.  The  justices  of  the  supreme  court  shall  be  elected  in  joint  committee 
of  the  two  Houses,  to  hold  their  offices  for  one  year,  and  until  their  places 
shall  be  declared  vacant  by  a  resolution  to  that  effect,  which  shall  be  voted 
for  by  a  majority  of  all  the  members  elected  to  the  House  in  which  it  may 
originate,  and  be  concurred  in  by  the  same  vote  of  the  other  House,  without 
revision  by  the  Governor.  Such  resolution  shall  not  be  entertained  at  any 
other  than  the  annual  session  for  the  election  of  public  officers ;  and,  in  de- 
fault of  the  passage  thereof  at  the  said  session,  the  judge,  or  judges,  shall 
hold  his  or  their  place  or  places  for  another  year.  But  a  judge  of  any  court 
shall  be  removable  from  office,  if,  upon  impeachment,  he  shall  be  found 
guilty  of  any  official  misdemeanor. 

4.  In  case  of  vacancy  by  the  death,  resignation,  refusal,  or  inability  to  .serve, 
or  removal  from  the  State,  of  a  judge  of  any  court,  his  place  may  be  filled 
by  the  joint  committee,  until  the  next  annual  election;  when,  if  elected,  he 
shall  hold  his  office  as  herein  provided. 


APPENDIX     B.  341 

5.  The  justices  of  the  supreme  court  shall  receive  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  ofTice. 

6.  The  judges  of  the  courts  inferior  to  the  supreme  court  shall  he  annually 
elected  in  joint  committee  of  the  two  Houses,  except  as  herein  pnn-ided. 

7.  There  shall  be  annually  elected  by  each  town,  and  by  the  several 
wards  in  the  city  of  Providence,  a  sufficient  number  of  justices  of  the  i)eace, 
or  wardens  resident  therein,  with  such  jurisdiction  as  the  General  Assembly 
may  prescribe.  And  said  justices  or  wardens  (except  in  the  towns  of  Xevv 
Shoreham  and  Jamestown)  shall  be  commissioned  by  the  Governor. 

8.  The  General  Assembly  may  provide  that  justices  of  the  peace,  who 
are  not  re-elected,  may  hold  their  offices  for  a  time  not  exceeding  ten  days 
beyond  the  day  of  the  annual  election  of  these  officers. 

9.  The  courts  of  probate  in  this  State,  except  the  supreme  court,  shall 
remain  as  at  present  established  by  law,  until  the  General  As.sembly  shall 
otherwise  prescribe. 

ARTICLE   XII. 

Of  Educafio7i. 

1.  All  moneys  which  now  are,  or  may  hereafter  be,  appropriated,  by  the 
authority  of  the  State,  to  public  education,  shall  be  securel}'  invested,  and 
remain  a  perpetual  fund  for  the  maintenance  of  free  schools  in  this  State  ; 
and  the  General  Assembly  are  prohibited  from  diverting  said  moneys  or 
fund  from  this  use,  and  from  borrowing,  appropriating,  or  using  the  same, 
or  any  part  thereof,  for  any  other  purpose,  or  under  any  pretence  whatsoever. 
But  the  income  derived  from  said  moneys  or  fund  shall  be  annually  paid 
over,  by  the  General  Treasurer,  to  the  towns  and  cities  of  the  State,  for  the 
support  of  said  schools,  in  equitable  proportions :  provided,  however,  that  a 
portion  of  said  income  ma)%  in  the  discretion  of  the  General  Assembly,  be 
added  to  the  principal  of  said  fund. 

2.  The  several  towns  and  cities  shall  faithfully  devote  their  portions  of 
said  annual  distribution  to  the  support  of  free  schools ;  and,  in  default  thereof, 
shall  forfeit  their  shares  of  the  same  to  the  increase  of  the  fund. 

3.  All  charitable  donations  for  the  support  of  free  schools,  and  other 
purposes   of   public   education,   shall    be    received    by    the    General    Assembly, 


342  THE     DORR     WAR. 

and  invested  and  applied  agreeably  to  the  terms  prescribed  by  the  donors  : 
provided  the  same  be  not  inconsistent  with  the  constitution,  or  with  sound 
public  polic}' ;    in  which  case  the  donation  shall  not  be  received. 

ARTICLE  XIII. 

Amendme^its . 

The  General  Assembly  may  propose  amendments  to  this  constitution  by 
the  vote  of  a  majority  of  all  the  members  elected  to  each  House.  Such 
propositions  shall  be  published  in  the  newspapers  of  the  State ;  and  printed 
copies  of  such  propositions  shall  be  sent  by  the  Secretary  of  State,  with  the 
names  of  all  the  members  who  shall  have  voted  thereon,  with  the  yeas  and 
nays,  to  all  the  town  and  city  clerks  in  the  State;  and  the  said  propositions 
shall  be,  by  said  clerks,  inserted  in  the  notices  by  them  issued  for  warning 
the  next  annual  town  and  ward  meetings  in  April ;  and  the  town  and  ward 
clerks  shall  read  said  propositions  to  the  electors,  when  thus  assembled, 
with  the  names  of  all  the  Representatives  and  Senators,  who  shall  have 
voted  thereon,  with  the  yeas  and  nays,  before  the  election  of  Representatives 
and  Senators  shall  be  had.  If  a  majority  of  all  the  members  elected  at  said 
annual  meetings,  present  in  each  Hou.se,  shall  approve  any  proposition  thus 
made,  the  same  shall  be  published  as  before  provided,  and  then  sent  to  the 
electors  in  the  mode  provided  in  the  act  of  approval;  and,  if  then  approved 
by  a  majority  of  the  electors  who  shall  vote  in  town  and  ward  meetings,  to 
be  specially  convened  for  that  purpo.se,  it  shall  become  a  part  of  the  consti- 
tution of  the  State. 

ARTICLE   XIV. 

Of  the   Adoption    of  the    Co7istitiition. 

I.  This  constitution  shall  be  submitted  to  the  people,  for  their  adoption 
or  rejection,  on  Monday,  the  27th  day  of  IJecember  next,  and. on  the  two 
succeeding  days;  and  all  persons  voting  are  requested  to  deposit  in  the  bal- 
lot-boxes printed  or  written  tickets  in  the  following  form:  I  am  an  American 
citizen,  of  the  age  of  twenty -one  years,  and  have  my  permanent  residence, 
or  home,  in  this  vState.     I  am    (or  not)   qualified  to  vote  under  the  exi.sting 


APPENDIX     H.  o43 

laws  of  this  State.  I  vote  for  (or  against)  the  constitution  formed  by  the 
convention  of  the  people,  assembled  at  Providence,  and  which  was  jjrojKjsed 
to  the  people  by  said  convention  on  the   i8th  day  of  November.    1.S41. 

2.  Every  voter  is  requested  to  write  his  name  on  the  face  of  his  ticket  • 
and  every  person  entitled  to  vote  as  aforesaid,  who,  from  sickness  or  other 
cau.ses,  may  be  unable  to  attend  and  vote  in  the  town  or  ward  meetings 
assembled  for  voting  upon  said  constitution,  on  the  days  aforesaid,  is  re- 
quested to  write  his  name  upon  a  ticket,  and  to  obtain  the  signature,  upon 
the  back  of  the  same,  of  a  person  who  has  given  his  vote,  as  a  witness 
thereto.  And  the  moderator,  or  clerk,  of  any  town  or  ward  meeting  con- 
vened for  the  purpose  aforesaid,  shall  receive  such  vote,  on  either  of  the 
three  days  next  succeeding  the  three  days  before  named  for  voting  on  said 
constitution. 

3.  The  citizens  of  the  several  towns  in  this  State,  and  of  the  several 
wards  of  the  city  of  Providence,  are  requested  to  hold  town  and  ward  meet- 
ings on  the  days  appointed,  and  for  the  purpose  aforesaid ;  and  also  to 
choose,  in  each  town  and  ward,  a  moderator  and  clerk,  to  conduct  said 
meetings,  and   receive  the  votes. 

4.  The  moderators  and  clerks  are  required  to  receive,  and  carefully  to 
keep,  the  votes  of  all  persons  qualified  to  vote  as  aforesaid,  and  to  make 
registers  of  all  the  persons  voting ;  which,  together  with  the  tickets  given 
in  by  the  voters,  shall  be  sealed  up,  and  returned  by  said  moderators  and 
clerks,  with  certificates  signed  and  sealed  by  them,  to  the  clerks  of  the  con- 
vention of  the  people,  to  be  by  them  safely  deposited  and  kept,  and  laid 
before  said  convention,  to  be  counted  and  declared  at  their  next  adjourned 
meeting,  on  the  12th  day  of  January,   1842. 

5.  This  constitution,  except  so  much  thereof  as  relates  to  the  election 
of  the  officers  named  in  the  sixth  section  of  this  article,  shall,  if  adopted, 
go  into  operation  on  the  first  Tuesday  of  Ma>',  in  the  year  one  thousand 
eight  hundred  and  forty- two. 

6.  So  much  of  the  constitution  as  relates  to  the  election  of  the  officers 
named  in  this  section  shall  go  into  operation  on  the  Monday  before  the  third 
Wednesday  of  April  next  preceding.  The  first  election  under  this  constitu- 
tion, of  Governor,  I^ieutenant- Governor,  Secretary  of  State,  General  Treasurer, 


344  THE     DORR     WAR. 

and  Attorne}'- General,  of  Senators  and  Representatives,  of  sheriffs  for  the 
several  counties,  and  of  justices  of  the  peace  for  the  several  towns,  and  the 
wards  of  the  city  of  Providence,  shall  take  place  on  the  Monday  aforesaid. 

7.  The  electors  of  the  several  towns  and  wards  are  authorized  to  assem- 
ble on  the  day  aforesaid,  without  being  notified,  as  is  provided  in  section 
9th  of  article  10,  and  without  the  registration  required  in  section  7th  of 
article  2,  and  to  choose  moderators  and  clerks,  and  proceed  in  the  election 
of  the  officers  named  in  the  preceding  section. 

8.  The  votes  given  at  the  first  election  for  Representatives  to  the  Gen- 
eral Assembly,  and   for  justices  of  the  peace,  shall   be  counted  by  the  mod- 

•erators  and  clerks  of  the  towns  and  wards  chosen  as  aforesaid ;  and  certificates 
of  election  shall  be  furnished  by  them  to  the  Representatives  and  justices 
of  the  peace  elected. 

9.  Said  moderators  and  clerks  shall  seal  up,  certify,  and  transmit  to  the 
House  of  Representatives  all  the  votes  that  may  be  given  in  at  said  first 
election  for  Governor  and  State  officers,  and  for  Senators  and  sheriffs ;  and 
the  votes  shall  be  counted  as  the  House  of  Representatives  may  direct. 

10.  The  Speaker  of  the  House  of  Representatives  shall,  at  the  first  session 
of  the  same,  qualify  himself  to  administer  the  oath  of  office  to  the  members 
of  the  House,  and  to  other  officers,  by  taking  and  subscribing  the  same  oath 
in  the  presence  of  the  House. 

11.  The  first  session  of  the  General  Assembly  shall  be  held  in  the  city 
of  Providence  on  the  first  Tuesday  of  May,  in  the  year  one  thousand  eight 
hundred  and  forty- two,  with  such  adjournments  as  may  be  necessary;  but 
all  other  sessions  shall  be  held  as  is  provided  in  article  4  of  this  constitution. 

12.  If  an)^  of  the  Representatives,  whom  the  towns  or  district  are  entitled 
to  choose  at  the  first  annual  election  aforesaid,  shall  not  be  then  elected, 
or  if  their  places  shall  become  vacant  during  the  year,  the  same  proceedings 
may  be  had  to  complete  the  election,  or  to  supply  vacancies,  as  are  directed 
concerning  elections  in  the  preceding  sections  of  this  article. 

13.  If  there  shall  be  no  election  of  Governor  or  Lieutenant-Governor,  or 
of  both  of  these  officers,  or  of  a  Senator  or  Senators,  at  the  first  annual 
election,  the  House  of  Representatives,  and  as  many  Senators  as  are  chosen, 
shall  forthwith  elect,  in  joint  committee,  a  Governor  or  Lieutenant -Governor, 


API'KNniX     H.  ?)\~) 

or  both,  or  a  Senator  or  vSeiiatorsp  to  hold  tlieir  offices  for  tlie  remainder  of 
the  political  year;  and,  in  the  case  of  the  two  officers  first  named,  nntil  their 
successors  shall  be  duly  qualified. 

14.  If  the  number  of  the  justices  of  the  peace  determined  by  the  several 
towns  and  wards  on  the  day  of  the  first  annual  election  shall  not  be  then 
chosen,  or  if  vacancies  shall  occur,  the  same  proceedings  shall  be  had  as  are 
provided  for  in  this  article  in  the  case  of  a  non- election  of  Representatives 
and  Senators,  or  of  vacancies  in  tlieir  oflfices.  The  justices  of  the  peace  thus 
elected  shall  hold  office  for  the  remainder  of  the  political  year,  or  until  the 
second  annual  election  of  justices  of  the  peace,  to  be  held  on  such  day  as 
may  be  prescribed  by  the  General  Assembly. 

15.  The  justices  of  the  peace  elected  in  pursuance  of  the  provisions  of 
this  article,  may  be  engaged  by  the  persons  acting  as  moderators  of  the  town 
and  ward  meetings,  as  herein  provided;  and  said  justices,  after  obtaining 
their  certificates  of  election,  may  discharge  the  duties  of  their  office,  for  a 
time  not  exceeding  twenty  days,  without  a  commission  from  the  Oovernor. 

16.  Nothing  contained  in  this  article,  inconsistent  with  any  of  the  pro- 
visions of  other  articles  of  the  constitution,  shall  continue  in  force  for  a 
longer  period  than  the  first  political  year  under  the  same. 

17.  The  present  government  shall  exercise  all  the  powers  with  which  it 
is  now  clothed,  until  the  said  first  Tuesday  of  May,  one  thousand  eight  hun- 
dred and  forty-two,  and  until  their  successors,  under  this  constitution,  shall 
be  duly  elected  and  qualified. 

18.  All  civil,  judicial,  and  military  officers  now  elected,  or  who  shall  here- 
after be  elected  by  the  General  Assembly,  or  other  competent  authority,  be- 
fore the  said  first  Tuesday  of  May,  shall  hold  their  offices,  and  may  exercise 
their  powers,  until  that  time. 

19.  All  laws  and  statutes,  public  and  private,  now  in  force,  and  not  re- 
pugnant to  this  constitution,  shall  continue  in  force  until  they  expire  by  their 
own  limitation,  or  are  repealed  by  the  General  Assembly.  All  contracts,  judg- 
ments, actions,  and  rights  of  action,  shall  be  as  valid  as  if  this  constitution 
had  not  been  made.  All  debts  contracted,  and  engagements  entered  into,  be- 
fore the  adoption  of   this  constitution,  shall   be  as  valid  against  the  vState  as 

if  this  constitution  had  not  been  made, 
44 


346  THE     DORR     WAR. 

20.  The  supreme  court,  established  by  this  constitution,  shall  have  the 
same  jurisdiction  as  the  supreme  judicial  court  at  present  established;  and 
shall  have  jurisdiction  of  all  causes  which  may  be  appealed  to,  or  pending 
in  the  same  ;  and  shall  be  held  at  the  same  times  and  places  in  each  county, 
as  the  present  supreme  judicial  court,  until  the  General  Assembly  shall  other- 
wise prescribe. 

21.  The  citizens  of  the  town  of  New  Shoreham  shall  be  hereafter 
exempted  from  military  duty,  and  the  duty  of  serving  as  jurors  in  the 
courts  of  this  State.  The  citizens  of  Jamestown  shall  be  forever  hereafter 
exempted  from  military  field  duty. 

22.  The  General  Assembly  shall,  at  their  first  session  after  the  adoption 
of  this  constitution,  propose  to  the  electors  the  question,  whether  the  word 
"  white,"  in  the  first  line  of  the  first  section  of  article  2  of  the  constitution, 
shall  be  stricken  out.  The  question  shall  be  voted  upon  at  the  succeeding 
annual  election  ;  and  if  a  majority  of  the  electors  voting  shall  vote  to  strike 
out  the  word  aforesaid,  it  shall  be  stricken  from  the  constitution  ;  otherwise 
not.  If  the  word  aforesaid  shall  be  stricken  out,  section  3d  of  article  2  shall 
cease  to  be  a  part  of  this  constitution. 

23.  The  President,  Vice-Presidents,  and  Secretaries  shall  certify  and  sign 
this  constitution,  and  cause  the  same  to  be  published. 

Done  in  convention,  at  Providence,  on  the  i8th  day  of  November,  in  the 
year  one  thousand  eight  hundred  and  forty- one,  and  of  American  independ- 
ence the  sixty- sixth. 

JOSEPH  JOSIvIN,  President  of  the  Convention. 

WAGER  WEEDEN,     )   .^.     „     . ,    , 
SAMUEE  H.  WALES  ^  ^^''-P'^'^dents. 

Attest  : 

WILLIAM  H.  SMITH, )  ^.       ,     . 
JOHN  S.  HARRIS,  1^  secretaries. 


I  Vi 


APPENDIX     C. 


"  THE   FREEMEN'S   CONSTITUTION." 


We,  the  people  of  the  State  of  Rhode  Island  and  Providence  Plantations, 
do  ordain  and  establish  this  constitution  for  the  government  thereof. 

ARTICLE    I; 

Declaratio7i  of  Certain  Constitutional  Rights  and  Priyiciples. 

In  order  effectually  to  secure  the  religious  and  political  freedom  established 
here  by  our  venerated  ancestors,  and  to  preserve  the  same  for  their  posterity, 
we  do  declare  that  the  inherent,  essential,  and  unquestionable  rights  and 
principles  hereinafter  mentioned,  among  others,  shall  be  established,  main- 
tained, and  preserved,  and  shall  be  of  paramount  obligation  in  all  legislative, 
judicial,  and  executive  proceedings. 

Section  i.  Every  person  within  this  State  ought  to  find  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he  may 
receive  in  his  person,  property,  or  character.  He  ought  to  obtain  right  and 
justice  freely  and  without  being  obliged  to  purchase  it,  completely  and  with- 
out denial,  promptly  and  without  delay,  conformably  to  the  laws. 

Sec.  2.  The  right  of  the  people  to  be  secure  in  their  persons,  papers, 
and  possessions,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated ;  and  no  warrant  shall  issue,  but  on  complaint  in  writing,  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  describing,  as  nearly 
as  may  be,  the  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 


348  THE     DORR     WAR. 

Sec.  3.  No  person  shall  be  holdeii  to  answer  for  a  capital  or  other  in- 
famous crime,  unless  on  presentment  or  indictment  by  a  grand  jur}-,  except 
in  cases  of  impeachment,  or  such  offences  as  are  usually  cognizable  b}-  a 
justice  of  the  peace  ;  or,  in  cases  arising  in  the  land  or  naval  forces,  or  in 
the  militia,  when  in  actual  service,  in  time  of  war  or  public  danger.  No 
persons  shall  be  tried  after  an  acquittal,  for  the  same  offence. 

Sec.  4.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  punishments  inflicted  ;  and  all  punishments  ought  to  be  propor- 
tioned to  the  offence. 

Sec.  5.  All  persons  imprisoned  ought  to  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  when  the  proof  is  evident,  or  the  presumption 
great.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety  shall  require 
it ;  nor  ever,  without  the  authority  of  the  General  Assembly. 

Sec.  6.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  privilege 
of  a  .speedy  and  public  trial,  by  an  impartial  jury  ;  to  be  informed  of  the 
nature  and  cause  of  the  accusation ;  to  be  confronted  with  the  witnesses 
against  him ;  to  have  compulsory  process  for  obtaining  them  in  his  favor ; 
and  to  have  the  assistance  of  counsel  in  his  defence,  and  be  at  liberty  to 
speak  for  himself ;  nor  shall  he  be  deprived  of  life,  liberty,  or  propert}^  un- 
less by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

Sec.  7.  The  person  of  a  debtor,  where  there  is  not  strong  presumption 
of  fraud,  ought  not  to  be  continued  in  prison  after  he  shall  have  delivered 
up  his  property  for  the  benefit  of  his  creditors,  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  8.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts, 
shall  be  made. 

Sec.  9.  No  man,  in  a  court  of  common  law,  shall  be  compelled  to  give 
evidence  criminating  himself. 

Sec.  10.  Every  man  being  presumed  innocent  until  pronounced  guilty  by 
the  law,  all  acts  of  severity  that  are  not  necessary  to  secure  an  accused  per- 
.son  shall  be  repressed. 

Sec.    II.     The  riglit  of  trial  by  jury  shall  remain  inviolate. 


API'KNDIX    C.  349 

Sec.  12.  Private  property  shall  not  be  taken  for  public  uses,  without  just 
compensation. 

Sec.  13.  The  citizens  shall  continue  to  enjoy  and  freely  exercise  the 
rights  of  fishery,  and  all  other  rights  to  which  they  have  heretoff)re  been  en- 
titled under  the  charter  of  this  State,  except  as  is  herein   otherwise  ])rovide(l. 

Sec.  14.  The  military  shall  always  be  held  in  strict  subordination  to  the 
civil  authority. 

Sec.  15.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but  in  manner  to  be 
prescribed  by  law. 

Sec.  16.  The  liberty  of  the  press  being  essential  to  the  security  of  free- 
dom in  a  State,  any  person  may  publish  his  sentiments  on  any  subject,  being 
responsible  for  the  abuse  of  that  liberty ;  and  in  all  trials  for  libel,  both 
civil  and  criminal,  the  truth,  unless  published  from  malicious  motives,  shall 
be  a  sufficient  defence  to  the  person  charged. 

Sec.  17.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
for  their  common  good,  and  to  apply  to  those  invested  with  the  powers  of 
government  for  redress  of  grievances,  or  other  purposes,  by  petition,  address, 
or  remonstrance. 

Sec.  18.  The  right  of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed. 

Sec.   19.     Slavery  shall  not  be  tolerated  in  this  State. 

Sec.  20.  Whereas  Almight}-  God  hath  created  the  mind  free,  and  all 
attempts  to  influence  it,  by  temporal  punishments  or  burdens,  or  by  civil  in- 
capacitations, tend  to  beget  habits  of  hypocrisy  and  meanness  ;  and  whereas 
a  principal  object  of  our  venerable  ancestors,  in  their  migrations  to  this 
country,  and  their  settlement  of  this  State,  was,  as  they  expressed  it,  to  hold 
forth  a  lively  experiment,  that  a  flourishing  civil  vState  may  stand,  and  be 
best  maintained,  with  full  liberty  in  religious  concernments ;  we,  therefore,  de- 
clare that  no  man  shall  be  compelled  to  frequent  or  support  any  religious 
worship,  place,  or  ministry  whatever  ;  nor  enforced,  restrained,  molested,  or 
burdened  in  his  body  or  goods,  nor  disqualified  from  holding  any  office, 
nor  otherwise  suffer,   on  account   of   his    religious   belief :    and    that    all    men 


350  THE     DORR     WAR. 

shall  be  free  to  profess,  and  by  argument  to  maintain,  their  opinion  in 
matters  of  religion  ;  and  that'  the  same  shall  in  nowise  diminish,  enlarge,  or 
affect  their  civil  capacities. 

Sec.  21.  The  enumeration  of  the  foregoing  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

ARTICI.E    II. 
Of  the  Right  of  Suffrage. 

Section  i.  Every  person  who  is  now  a  freeman,  and  qualified  voter, 
shall  continue  to  be  so,  so  long  as  he  retains  the  qualifications  upon  which 
he  was  admitted. 

Sec.  2.  Hereafter,  every  white  male  native  citizen  of  the  United  States, 
or  any  territory  thereof,  of  the  full  age  of  twenty -one  years,  who  shall 
have  had  his  actual  permanent  residence  and  home  in  this  State  for  the 
period  of  one  year,  and  in  the  town  or  city  in  which  he  maj-  claim  a 
right  to  vote  six  months  next  preceding  the  time  of  voting,  and  shall  be 
seized  in  his  own  right  of  a  freehold  real  estate  in  such  town  or  city,  of  the 
value  at  least  of  one  hundred  and  thirty  -  four  dollars  over  and  above  all  in- 
cumbrances, shall,  therefrom,  have  the  right  to  vote  in  the  election  of  all  civil 
officers,  and  on  all  questions  in  all  legal  town  or  ward  meetings. 

Sec.  3.  Every  white  male  native  citizen  of  the  United  States  or  any  territory 
thereof,  of  the  full  age  of  twenty -one  years,  who  .shall  have  had  his  actual 
permanent  residence  and  home  in  this  State  for  the  period  of  two  years,  and 
in  the  town  or  city  in  which  he  may  claim  the  right  to  vote  six  months 
next  preceding  the  time  of  voting,  shall  have  the  right  to  vote  in  the  elec- 
tion of  all  civil  officers,  and  on  all  questions  in  all  legal  town  or  ward 
meetings :  Provided,  however,  That  no  person  who  is  not  now  a  freeman  shall 
be  allowed  to  vote  upon  any  motion  to  impo.se  a  tax,  or  incur  expenditures 
in  any  town  or  city,  unless  he  possess  the  freehold  qualification  required  by 
this  article,  or  shall  have  been  taxed  upon  property  valued  at  least  at  one 
hundred  and  fifty  dollars,  within  one  year  from  the  time  he  may  offer  to 
vote,  and  shall  have  paid  such  tax  in  said  town  or  city. 


APPENDIX    C.  351 

Sec.  4.  Any  white  male,  native  of  any  foreign  country,  of  the  full  age 
of  twenty -one  years,  naturalized  in  the  United  States  according  to  law,  who 
shall  have  had  his  actual  permanent  residence  and  home  in  this  State  for 
the  period  of  three  years  after  his  naturalization,  and  in  the  town  or  city  in 
which  he  may  claim  the  right  to  vote  six  months  next  preceding  the  time 
of  voting,  and  shall  be  seized  in  his  own  right  of  a  freehold  real  estate,  in 
such  town  or  city,  of  the  value  at  least  of  one  hundred  and  thirty -four 
dollars  over  and  above  all  incumbrances,  shall,  therefrom,  have  a  right  to 
vote  in  the  election  of  all  civil  officers,  and  in  all  questions  in  all  town  or 
ward  meetings.  But  no  person  in  the  military,  naval,  marine,  or  any  other 
service  of  the  United  States,  shall  be  considered  as  having  the  required 
residence  by  reason  of  being  employed  in  any  garrison,  barrack,  or  military 
or  naval  Station  in  this  State.  And  no  pauper,  lunatic,  or  person  non  compos 
mentis,  or  under  guardianship,  shall  be  permitted  to  vote  ;  nor  shall  any 
person  convicted  of  any  crime  deemed  infamous  at  common  law,  be  per- 
mitted to  exercise  that  privilege  until  he  be  restored  thereto  by  the  General 
Assembly.  Persons  residing  on  land  ceded  b}'  this  State  to  the  United  States 
shall  not  be  entitled  to  exercise  the  privilege  of  electors  during  such  residence- 

Sec.  5.  The  General  Assembly  shall,  as  soon  as  may  be  after  the  adop- 
tion of  this  constitution,  provide  for  the  registration  of  voters;  and  shall 
also  have  full  power  generally  to  enact  all  laws  necessary  to  carry  this 
article  into  effect,  and  to  prevent  abuse  and  fraud  in  voting. 

Sec.  6.  All  persons  entitled  to  vote  shall  be  protected  from  arrest  in 
civil  cases,  on  the  days  of  election,  and  on  the  day  preceding  and  the  day 
following  an   election. 

Sec.  7.  In  the  city  of  Providence,  and  all  other  cities,  no  person  shall 
be  eligible  to  the  office  of  mayor,  alderman,  or  common  councilman,  who 
is  not  qualified  to  vote  upon  a  motion  to  impose  a  tax  or  incur  expendi- 
tures as  herein  provided. 

Sec.  8.  The  General  Assembly  shall  have  power  to  provide,  by  special 
or  general  laws,  for  the  admission  of  any  native  male  citizen  of  the  United 
States,  or  any  territory,  who  shall  have  had  his  permanent  residence  and 
home  in  this  State  for  two  years,  but  who  is  not  otherwise  qualified  under 
this  article,  to  vote  on  such  conditions  as  they  may  deem  proper,  except  for 
taxes  and  expenditures. 


352  THE     DORR     WAR. 

ARTlCIvE   III. 

Of  the   Distribidio7i    of  Pozvers. 

The  powers  of  the  government  shall  be  distributed  into  three  distinct 
branches  —  the  legislative,  executive,  and  judicial. 

ARTICLE   IV. 

Of  the  Legislative  Poiver. 

Section  i  .  This  constitution  shall  be  the  supreme  law  of  the  State ; 
and  all  laws  inconsistent  therewith  shall  be  void.  The  General  Assembly 
shall  pass  all  such  laws  as  are  necessary  to  carry  this  constitution  into  effect. 

Sec.  2.  The  legislative  power,  under  this  constitution,  shall  be  vested 
in  two  distinct  houses,  or  branches,  each  of  which  shall  have  a  negative  on 
the  other :  the  one  to  be  styled  the  Senate,  the  other  the  House  of  Repre- 
sentatives ;  and  both  together,  the  General  Assembly.  The  style  of  their 
laws  shall  be :    It  is  enacted  by  the  General  Assembly  as  follows. 

Sec.  3.  There  shall  be  one  session  of  the  General  Assembly  holden  an- 
nually at  Newport,  on  the  first  Tuesday  of  May ;  and  one  other  annual 
session,  to  be  holden  on  the  last  Monday  of  October,  once  in  two  years,  at 
South  Kingstown ;  and  the  intermediate  years,  alternately  at  Bristol  and 
East  Greenwich;  and  the  adjournment  from  the  October  session  shall  be 
holden  at  Providence. 

Sec.  4.  No  member  of  the  General  Assembly  shall  take  any  fees,  or  be 
of  counsel  in  any  case  pending  before  either  branch  of  the  General  Assembly, 
under  penalty  of  forfeiting  his  seat,  upon  due  proof  thereof  to  the  satisfaction 
of  the  branch  of  which   he  is  a  member. 

Sec.  5.  The  person  and  estate  of  every  member  of  the  General  Assem- 
bly .shall  be  free  and  exempt  from  any  process  in  any  civil  action  during 
the  .session  of  the  General  Assembly,  and  for  two  days  before  the  commence- 
ment and  after  the  termination  thereof.  And  all  processes  served  contrary 
hereto  shall  be  void.  And  for  any  speech  in  debate,  in  either  Hou.se,  no 
member  shall  be  questioned  in  any  other  place. 

Sec.  6.  Each  Hou.se  shall  be  the  judge  of  the  elections  and  qualifications 
of   its  members;    and  a  majority   shall   con.stitute  a  quorum  to  do  business; 


APPENDIX     C.  '^O.^ 

but  a  smaller  number  may  adjourn  from  clay  to  day,  and  may  compel  the 
attendance  of  absent  members,  in  such  manner,  and  under  such  jK-nalties,  as 
each  House  may  prescribe. 

Sec.  7.  Each  House  may  determine  the  rules  of  proceeding,  punish  con- 
tempts, punish  its  members  for  disorderly  behavior,  and,  with  the  concurrence 
of  two -thirds,  expel  a  member;  but  not  a  second  time  for  the  same  cause. 

Sec.  8.  Each  House  shall  keep  a  journal  of  its  proceedings.  The  yeas 
and  nays  of  the  members  of  either  House  shall,  at  the  desire  of  one -fifth 
of  those  present,  be  entered  on  the  journal. 

Sec.  9.  Neither  House  shall,  during  a  session,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

Sec.  10.  The  General  Assembly  shall  continue  to  exerci.se  the  judicial 
power,  the  power  of  visiting  corporations,  and  all  other  powers  they  have 
heretofore  exercised,  not  inconsistent  with  this  constitution. 

Sec.  II.  The  General  Assemblj^  shall  regulate  the  compensation  of  the 
Governor  and  other  officers  elected  by  general  ticket,  or  by  the  General  As- 
sembly, and  of  the  members  of  the  General  Assembly,  subject  to  the  limita- 
tions contained  in  this  constitution. 

Sec.  12.  All  lotteries  shall  hereafter  be  prohibited  in  this  State,  except 
those  already  authorized  by  the  General  Assembly. 

Sec.  13.  The  General  Assembly  shall  have  no  power,  hereafter,  to  incur 
State  debts  to  an  amount  exceeding  fifty  thousand  dollars,  except  in  time 
of  war,  or  on  case  of  invasion,  without  the  express  consent  of  the  people ; 
nor  in  any  case,  without  such  consent,  to  pledge  the  faith  of  the  State  for 
the  payment  of  the  obligations  of  others.  This  section  shall  not  be  construed 
to  refer  to  any  money  that  may  be  deposited  with  this  State  by  the  govern- 
ment of  the  United  States. 

Sec.  14.  The  assent  of  two -thirds  of  the  members  elected  to  each  branch 
of  the  General  Assembly  shall  be  required  to  every  bill  appropriating  the 
public  moneys,  or  property,  for  local  or  private  purposes. 

Sec.  15.  The  General  Assembly  shall,  from  time  to  time,  provide  for 
making  new  valuations  of  property,  for  the  assessment  of  taxes,  in  such 
manner  as  they  may  deem  best.  No  direct  State  tax  shall  be  assessed  upon 
45 


354  THE     DORR     WAR. 

the  ratable  property  of  the  State,  before  a  new  estimate  of  such  property  be 
taken. 

Sec.  1 6.  Whenever  a  direct  tax  is  laid  by  the  State,  one -sixth  part 
thereof  shall  be  assessed  on  the  polls  of  the  qualified  electors:  provided  that 
the  tax  on  a  poll  shall  never,  in  any  one  tax,  exceed  the  sum  of  fifty  cents. 

Sec.  17.  The  General  Assembly  may  provide  by  law  for  the  continu- 
ance in  office  of  any  officers  of  annual  appointment,  until  other  persons  are 
qualified  to  take  their  places. 

ARTICI.E   V. 

Of  the   House   of  Representatives. 

Section  i.  The  House  of  Representatives  shall  consist  of  members 
elected  by  the  electors  of  the  several  towns  and  cities  in  the  respective  town 
and  ward  meetings.  Each  town  or  city  having  four  thousand  inhabitants, 
and  under  six  thousand  five  hundred,  shall  be  entitled  to  elect  three  Repre- 
sentatives ;  each  town  or  city  having  six  thousand  five  hundred  inhabitants, 
and  under  ten  thousand,  shall  be  entitled  to  elect  four  Representatives;  each 
town  or  city  having  ten  thousand  inhabitants,  and  under  fourteen  thousand, 
shall  be  entitled  to  elect  five  Representatives;  each  town  or  city  having 
fourteen  thousand  inhabitants,  and  under  eighteen  thousand,  shall  be  en- 
titled to  elect  six  Representatives;  each  town  or  city  having  eighteen  thou- 
sand inhabitants,  and  under  twenty -two  thousand,  .shall  be  entitled  to  elect 
seven  Representatives;  each  town  or  city  having  over  twenty -two  thousand 
inhabitants  shall  be  entitled  to  elect  eight  Representatives.  But  no  town 
or  city  shall  be  entitled  to  elect  more  than  eight  Representatives,  and  every 
town  or  city  shall  be  entitled  to  elect  two.  The  representation  of  the  several 
towns  and  cities  in  this  State  shall  be  apportioned  agreeable  to  the  last  census 
of  the  people  of  the  United  States  preceding  the  election. 

vSec.  2.  The  House  of  Representatives  shall  have  authority  to  elect  its 
Speaker,  clerks,  and  other  officers.  The  oath  of  office  shall  be  administered 
by  the  Secretary  of  State,  or,  in  his  absence,  by  the  Attorney  -  General.  The 
clerks  shall  be  engaged  by  the  Speaker. 

Sec.  3.     Whenever  the  seat  of  a  member  of  the  House  of  Representatives 


APPENDIX    C.  355 

shall  be  vacated  by  death,  resignation,  or  otherwise,  the  vacancy  may  be  filled 
by  a  new  election. 

Skc.  4.  The  senior  member  from  the  town  of  Xew])ort,  ])resent,  sliall 
preside  at  the  organization  of  the  House. 

ARTICLE    \T. 

Of  the  Senate. 

Skction  I.  The  Senate  shall  consist  of  nineteen  members,  to.be  cho.sen 
annually  by  the  majority  of  electors,  by  districts.  The  State  shall  be  divided 
into  sixteen  districts,  as  follows  : 

First.  The  town  of  Newport  shall  constitute  the  first  senatorial  district, 
and  sliall  be  entitled  to  elect  two  Senators. 

Second.  The  towns  of  Portsmouth,  Middletown,  Tiverton,  Little  Comp- 
ton.  New  Shoreham,  and  Jamestown  shall  constitute  the  second  senatorial 
district,  and  shall  be  entitled  to  elect  two  Senators. 

Third.  The  city  of  Providence  shall  constitute  the  third  senatorial  district, 
and  shall  be  entitled  to  elect  two  Senators. 

Fourth.  The  town  of  Smithfield  shall  constitute  the  fourth  senatorial  dis- 
trict, and  shall  be  entitled  to  elect  one  Senator. 

Fifth.  The  towns  of  Cumberland  and  North  Providence  shall  constitute 
the  fifth  senatorial  district,  and  shall  be  entitled  to  elect  one  Senator. 

Sixth.  The  towns  of  Scituate,  Cran.ston,  and  Johnston  shall  constitute 
the  sixth  senatorial  di.strict,  and  shall  be  entitled  to  one  Senator. 

Seventh.      The  towais  of  Glocester,  Foster,  and  Burrillville  shall  constitute 
the  seventh  senatorial  district,  and  shall  be  entitled  to  elect  one  Senator. 
-    Eighth.      The  town  of  South  Kingstown  shall  constitute  the  eighth  sena- 
torial district,  and  shall  be  entitled  to  elect  one  Senator. 

Ninth.  The  towns  of  Westerly  and  Charlestown  shall  constitute  the  ninth 
senatorial  district,  and  shall  be  entitled  to  elect  one  Senator. 

Te7ith.  The  towns  of  Hopkinton  and  Richmond  shall  constitute  the  tenth 
senatorial  district,  and  shall  be  entitled  to  elect  one  Senator. 

Eleventh.  The  towns  of  North  Kingstown  and  Exeter  shall  constitute  the 
eleventh  senatorial  district,  and  shall  be  entitled  to  elect  one  Senator. 


356  THE     DORR    WAR. 

Twelfth.  The  town  of  Bristol  shall  constitute  the  twelfth  senatorial  dis- 
trict, and  shall  be  entitled  to  elect  one  Senator. 

Thirteenth.  The  towns  of  Warren  and  Barrington  shall  constitute  the  thir- 
teenth senatorial  district,  and  shall  be  entitled  to  elect  one  Senator. 

Fourteenth^  The  towns  of  East  Greenwich  and  West  Greenwich  shall  con- 
stitute the  fourteenth  senatorial  district,  and  shall  be  entitled  to  elect  one 
Senator. 

Fifteenth.  The  town  of  Coventry  shall  constitute  the  fifteenth  senatorial 
district,  and  shall  be  entitled  to  elect  one  Senator. 

Sixteenth.  The  town  of  Warwick  shall  constitute  the  sixteenth  senatorial 
district,  and  shall  be  entitled  to  elect  one  Senator. 

And  no  more  than  one  Senator  shall  be  elected  from  any  town  for  the 
same  term,  in  the  second  senatorial  district. 

Sec.  2.  The  Lieutenant-Governor  shall  ex -officio  be  a  member  of  the 
Senate. 

The  Secretary  of  State  shall  be,  by  virtue  of  his  office,  Secretary  of  the 
Senate,  unless  otherwise  provided  by  law ;  and  the  Senate  may  elect  such 
other  officers  as  they  may  deem  necessary. 

Sec.  3.  If,  by  reason  of  death,  resignation,  or  absence,  there  be  no  Gov- 
ernor or  Lieutenant-Governor  present,  to  preside  in  the  Senate,  the  Senate 
shall  elect  one  of  their  own  number  to  preside,  until  the  Governor  or  Lieu- 
tenant-Governor returns,  or  until  one  of  said  offices  is  filled  according  to  this 
constitution  ;  and,  until  such  election  is  made  by  the  Senate,  the  Secretary  of 
State  shall  preside. 

ARTICLE    VII. 

Of  Impeachments. 

Section  i.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate ;  and  when  sit- 
ting for  that  purpose,  they  .shall  be  under  oath  or  affirmation.  No  person 
shall  be  convicted,  except  by  vote  of  two -thirds  of  the  members  elected. 
When  the  Governor  is  impeached,  the  chief  or  presiding  justice  of  the  su- 
preme judicial  court  for  the  time  being,  shall  preside,  with  a  casting  vote  in 
all  preliminary  questions. 


APPENDIX    C.  857 

Sec.  3.  The  Governor,  and  all  other  executive  and  judicial  officers,  shall 
be  liable  to  impeachment;  but  judgment  in  such  cases  shall  not  extend 
further  than  to  removal  from  office.  The  party  convicted  shall,  nevertheless, 
be  liable  to  indictment,  trial  and  punishment,  according  to  law. 

ARTICLE   VIII. 
Of  the  Executive  Po7i'er. 

Section  r.  The  chief  executive  power  of  this  vState  shall  be  vested  in  a 
Governor. 

Sec.  2.     The  Governor  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  3.  He  shall  be  captain -general  and  commander-in-chief  of  the 
military  and  naval  forces  of  this  State,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  4.  He  shall  have  power  to  grant  reprieves,  after  conviction,  in  all 
cases,  except  those  of  impeachment,  until  the  end  of  the  next  session  of  the 
General  Assembly,  and  no  longer. 

Sec.  5.  The  person  filling  the  office  of  Governor  shall  preside  in  the 
Senate,  and  in  grand  committee  ;  and  shall  have  a  right,  in  case  of  equal 
division,  to  vote  ;    not  otherwise. 

Sec.  6.  He  ma}-  fill  vacancies  in  office  not  otherwise  provided  for  by 
this  constitution,  or  by  law,  until  the  same  shall  be  filled  by  the  General 
Assembly,  or  the  people. 

Sec.  7.  In  case  of  disagreement  between  the  two  Houses  of  the  General 
Assembly,  respecting  the  time  or  place  of  adjournment,  certified  to  him  by 
either,  he  may  adjourn  them  to  such  time  and  place  as  he  shall  think  proper  ; 
provided  that  the  time  of  adjournment  shall  not  be  extended  beyond  the  day 
of  the  next  stated  session. 

Sec.  8.  He  may,  on  special  emergencies,  convene  the  General  Assembly 
at  any  town  in  this  State,  at  any  time  not  provided  for  by  law  ;  and  in  case 
of  danger  from  the  prevalence  of  epidemic  or  contagious  di.seases  in  either 
of  the  places  in  which  the  General  Assembly  may  by  law  meet,  or  to  which 
they  may  have  been  adjourned,  or  from  other  circumstances,  he  may,  by 
proclamation,  convene  said  Assembly  at  any  other  place  within  this  State. 


358  THE     DORR     WAR. 

Sec.  9.  All  commissions  shall  be  in  the  name  and  by  the  authority  of 
the  State  of  Rhode  Island  and  Providence  Plantations,  shall  be  sealed  with 
the  State  seal,  signed  by  the  Governor,  and  attested  by  the  Secretary. 

Sec.  10.  In  case  of  the  death,  resignation,  refusal  or  inability  to  serve, 
or  removal  from  office  of  the  Governor,  or  of  his  impeachment  or  absence 
from  the  State,  the  Lieutenant  -  Governor  shall  exercise  the  powers  and  author- 
ity appertaining  to  the  office  of  Governor,  until  another  shall  be  chosen  at 
the  next  annual  election  for  Governor,  and  be  duly  qualified,  or  until  the 
Governor,  impeached  or  absent,  shall  be  acquitted  or  return. 

Sec.  II.  If  the  offices  of  Governor  and  Lieutenant-Governor  be  both 
vacant  by  reason  of  death,  resignation,  absence  or  otherwise,  the  person  en- 
titled to  preside  over  the  Senate  for  the  time  being  shall,  in  like  manner, 
administer  the  government  until  he  be  superseded  by  a  Governor  or  lyieu- 
tenant  -  Governor. 

Sec.  12.  The  compensation  of  the  Governor  and  Lieutenant-Governor 
shall  be  established  by  law,  and  shall  not  be  diminished  during  the  term 
for  which  they  were  elected. 

Sec.  13.  The  duties  and  powers  of  the  Secretary,  Attorney- General,  and 
General  Treasurer  shall  be  -the  same  under  this  constitution  as  are  now 
established,  or  from  time  to  time  may  be  prescribed  by  law. 

ARTICLE  IX. 

Of  Electioyis. 

Section  i.  The  Governor,  Lieutenant-Governor,  Senators,  Representa- 
tives, Secretary  of  State,  Attorney- General,  and  General  Treasurer  shall  be 
elected  at  the  town,  city,  or  ward  meetings,  to  be  holden  on  the  third  Wednes- 
day of  April,  annually ;  and  shall  severally  hold  their  offices  for  one  year, 
from  the  first  Tuesday  in  May  next  succeeding  their  election,  and  until  others 
are  legally  chosen  and  duly  qualified  to  fill  their  places. 

Sec.  2.  The  voting  for  all  officers  chosen  by  the  people,  except  town  or 
city  officers,  shall  be  by  ballot,  in  manner  to  be  regulated  by  law.  Town  or 
city  officers  shall  be  chosen  by  ballot,  on  demand  of  any  two  persons  entitled 
to  vote  for  the  same. 


APPENDIX    C.  3o9 

Sec.  3.  The  names  of  the  persons  voted  for  as  Oovernor,  Lieutenant- 
Governor,  Secretary  of  State,  General  Treasurer,  and  Attorney -General  shall 
be  put  upon  one  ticket,  and  the  tickets  shall  be  deposited  by  the  moderator 
or  warden  in  a  box  by  themselves.  The  names  of  the  jK-rsons  voted  for  as 
Senators  and  as  Representatives  shall  be  put  uj)on  separate  tickets,  and  the 
tickets  shall  be  deposited  by  the  moderator  or  warden  in  separate  bo.xes. 
The  polls  for  all  the  officers  named  in  this  section  shall  be  opened  at  the 
same  time. 

Sec.  4.  All  the  votes  given  for  Governor,  Lieutenant-Governor,  vSecretary 
of  State,  General  Treasurer,  and  Attorney -General,  and  also  for  Senators,  shall 
remain  in  the  ballot-boxes  till  the  polls  are  closed.  These  votes  shall  then, 
in  open  town  and  ward  meetings,  be  taken  out  and  sealed  in  separate  en- 
velopes by  the  moderators  and  town  clerks,  and  by  the  w^ardens  and  ward 
clerks,  w^ho  shall  certify  the  same,  and  forthwith  deliver  or  send  them  to  the 
Secretary  of  State ;  whose  duty  it  shall  be  securely  to  keep  the  same,  and  to 
deliver  the  votes  for  general  officers  to  the  Speaker  of  the  House  of  Repre- 
sentatives, after  the  House  shall  be  organized,  at  the  May  session  of  the  Gen- 
eral Assembly.  The  votes  last  named  shall  without  delay  be  opened,  counted, 
and  declared,  in  such  manner  as  the  House  of  Representatives  shall  direct. 
The  votes  for  Senators  shall  be  counted  by  the  Governor  and  vSecretary  of 
State,  within  seven  days  from  the  day  of  election,  and  the  Governor  shall 
give  certificates  to  the  Senators  who  are  elected. 

Sec.  5.  The  votes  for  Representatives  in  the  several  towns,  after  the  polls 
are  declared  to  be  closed  for  the  same,  shall  be  counted  by  the  moderators 
and  clerks,  who  shall  announce  the  result,  and  give  certificates  to  the  persons 
elected.  If  there  be  no  election,  or  not  an  election  of  the  whole  number  of 
Representatives  to  which  the  town  is  entitled,  the  polls  for  Representatives 
may  be  re-opened,  and  the  like  proceedings  shall  be  had  until  an  election 
shall  take  place  :  provided,  however,  that  an  adjournment  or  adjournments  of 
the  election  may  be  made  to  a  time  not  exceeding  seven  days  from  the  first 
meeting. 

Sec.  6.  In  the  city  of  Providence  and  other  cities,  the  polls  for  Repre- 
sentatives shall  be  kept  open  during  the  whole  time  of  voting  for  the  day, 
and  the    votes   in   the    several    wards    shall    be   sealed   up   at   the  close  of  the 


360  THE    DORR    WAR. 

meeting  by  the  wardens  and  the  ward  clerks  in  open  ward  meeting,  and  de- 
livered to  the  city  clerk.  The  ma^'or  and  aldermen  of  said  city  or  cities 
shall  proceed  to  count  said  votes  within  two  days  from  the  day  of  election  ; 
and  if  no  election,  or  an  election  of  only  a  portion  of  the  Representatives, 
vShall  have  taken  place,  the  mayor  and  aldermen  .shall  order  a  new  election 
to  be  held,  not  more  than  ten  days  from  the  day  of  the  first  election,  and  so 
on  till  the  election  of  Representatives  shall  be  completed.  Certificates  of 
election  shall  be  furnished  by  the  city  clerks  to  the  persons  chosen. 

Sec.  7.  If  no  person  shall  have  a  majority  of  votes  for  the  office  of 
Governor  or  Lieutenant-Governor,  the  Senate  and  House  of  Representatives, 
in  grand  committee,  may  choose  one  by  ballot  from  the  two  persons  having 
the  highest  number  of  votes. 

Sec.  8.  In  case  an  election  of  the  Secretary  of  State,  Attorney- General, 
or  General  Treasurer  should  fail  to  be  made  by  the  electors  at  their  annual 
election,  the  vacancy  or  vacancies  shall  be  filled  by  the  General  Assembly, 
in  grand  committee,  from  the  two  candidates  for  such  office  having  the  great- 
est number  of  the  votes  of  the  electors.  Or,  in  case  of  a  vacancy  in  either 
of  said  offices  from  other  causes,  between  the  sessions  of  the  General  Assem- 
bly, the  Governor  shall  appoint  some  person  to  fill  the  same  until  a  successor 
elected  by  the  General  Assembly  is  qualified  to  act ;  and  in  such  case,  and 
also  in  all  other  cases  of  vacancies  not  otherwise  provided  for,  the  General 
Assembly  may  fill  the  same  in  any  manner  they  may  deem  proper. 

Sec.  g.  If  there  be  no  choice  of  a  Senator  or  Senators  at  the  annual 
election,  or  if  a  vacancy  in  the  Senate  occur  from  any  other  cause,  the  Gov- 
ernor shall  issue  his  warrant  to  the  town  and  ward  clerks  of  the  several 
towns  and  cities  in  the  senatorial  district  or  districts  that  may  have  failed 
to  elect,  or  where  such  vacancy  may  have  occurred,  requiring  them  to  open 
town  or  ward  meetings  for  another  election,  on  a  day  to  be  by  him  appointed, 
not  more  than  fifteen  days  from  the  time  of  issuing  such  warrant ;  and,  in 
such  election,  a  plurality  of  votes  shall  elect. 

Sec.   10.      All   general   officers  shall  take  the  following  engagement  before 

they   act   in  their  respective  offices,  to  wit :     You,  • —  ,   being  by  the  free 

vote  of  the  freemen  of  this  State  of  Rhode  Island  and  Providence  Planta- 
tions,   elected    unto   the    place   of  ,   do    solemnly    swear   (or   affirm)    to 


APPENDIX    C.  361 

be  true  and  faithful  unto  this  vState,  and  to  suijjjort  tlie  constitution  of  this 
State  and  of  the  United  vStates  ;  that  you  will  faitlifully  and  impartially  dis- 
charge all  the  duties  of  }our  aforesaid  ofTice,  to  the  best  of  your  abilities, 
according  to  law:  so  help  you  God.  Or,  this  affirmation  you  make  and  give 
upon  the  peril  of  perjury.  And  the  members  of  the  General  As.sembly  shall 
take  an  engagement  to  the  same  effect. 

Sec.  II.  In  all  elections  held  by  the  people  under  this  constitution,  a 
majority  of  all  the  electors  voting  shall  be  necessary  to  the  choice  of  the 
persons  voted  for,  except  as  is  herein  otherwise  provided. 

Sec.  12.  The  officers  now  elected  in  grand  committee,  except  justices 
of  the  peace,  shall  continue  to  be  so  elected  until  otherwise  prescribed  by 
law\ 

Sec.  13.  The  oath  or  affirmation  shall  be  administered  to  the  Governor, 
lyieutenant  -  Governor,  and  Senators,  by  the  Speaker  of  the  House  of  Repre- 
sentatives, in  presence  of  the  House,  or  elsewhere,  by  a  justice  of  the  supreme 
judicial  court.  The  Secretary  of  State,  Attorney- General,  and  General  Trea.s- 
urer,  shall  be  engaged  by  the  person  exercising  the  office  of  Governor. 

ARTICIvE    X. 

Of  Qualifications  for  Office. 

Section  i.  No  person  shall  be  qualified  to  hold  the  office  of  Governor, 
Lieutenant-Governor,  Senator,  or  Representative  in  the  General  Assembly 
unless  he  be  a  duly  qualified  elector.  Xo  person  shall  be  elected  a  Repre- 
sentative to  the  General  Assembly,  or  to  any  town  or  city  office,  unless  he 
be  a  qualified  elector,  and  an  inhabitant  of  the  town  or  city  which  elects  him. 

Sec.  2.  Every  person  shall  be  disqualified  from  holding  any  office  to 
which  he  may  have  been  elected,  if  he  be  convicted  of  having  offered,  or 
procured  any  other  person  to  offer,  any  bribe  to  secure  his  election,  or  the 
election  of  an}^  other  person. 

Sec.  3.  The  judges  of  all  the  courts,  and  all  other  officers,  both  civil 
and  military,  shall  be  bound  by  oath  or  affirmation  to  support  this  constitu- 
tion, and  the  constitution  of  the  United  States. 

Sec.  4.      No   person   who   holds   any   office   under   the    government  of   the 

46 


362  THE     DORR     WAR. 

United  States,  or  any  other  State  or  foreign  country,  shall  be  capable  of 
acting  as  a  general  officer,  or  shall  take  a  seat  in  the  General  Assembly, 
unless,  at  the  time  of  taking  his  engagement,  he  shall  have  resigned  his 
office  under  such  other  government.  And  if  any  general  officer,  Senator, 
ReprCvSentative,  or  judge  shall,  after  his  election,  accept  or  hold  any  office 
under  any  other  government,  he  shall  not  be  capable  thereafter  of  acting  as 
a  general  officer.  Senator,  Representative,  or  judge,  but  the  office  shall  be 
thereby  vacated. 

ARTICLE    XI. 

Of  the  Judicial  Power. 

Section  i.  The  judicial  power  of  this  State  shall  be  vested  in  one  su- 
preme judicial  court,  and  in  such  inferior  courts  as  the  General  Assembly 
may,  from  time  to  time,  ordain  and  establish  ;  and  the  jurisdiction  of  the  su- 
preme and  of  all  other  courts  may,  from  time  to  time,  be  regulated  by  the 
General  Assembly. 

Sec.  2.  Chancery  powers  may  be  conferred  by  the  General  Assembly  on 
the  supreme  judicial  court ;  but  no  other  court  exercising  chancery  powers 
shall  be  established  in  this  State,  except  as  is  now  provided  by  law. 

Sec.  3.  The  justices  of  the  supreme  judicial  court  shall  be  elected  in 
grand  committee  of  the  two  Houses,  to  hold  their  offices  until  their  places 
be  declared  vacant  by  a  resolution  of  the  General  Assembly  to  that  effect, 
which  shall  be  voted  for  by  a  majority  of  all  the  members  elected  to  the 
House  in  which  it  may  originate,  and  be  concurred  in  by  the  same  majority 
of  the  other  House.  Such  resolution  shall  not  be  entertained  at  any  other 
than  the  annual  session  for  the  election  of  public  officers ;  and,  in  default  of 
the  pa.ssage  thereof  at  said  session,  the  judge,  or  judges,  shall  hold  his  or 
their  places,  as  is  herein  provided.  But  a  judge  of  this,  or  of  any  other  court 
inferior  to  the  same,  shall  be  removable  from  office,  if,  upon  impeachment,  he 
shall   be  found  guilty  of  any  official  misdemeanor. 

Sec.  4.  In  ca.se  of  vacancy  by  the  death,  resignation,  refusal,  or  inability 
to  serve,  or  absence  from  the  State,  of  a  judge  of  this  court,  his  place  may 
be  filled  by  the  grand  committee,  until  the  next  annual  election ;  when  the 
judge  elected  .shall  hold  his  office  as  before  provided. 


APPENDIX     C.  363 

Sec.  5.  The  judges  of  the  supreme  judicial  court  shall  receive  a  suitable 
compensation  for  their  services,  which  shall  not  be  diminished  during  their 
continuance  in  office. 

Sec.  6.  The  judges  of  the  supreme  judicial  court  shall,  in  all  trials,  in- 
struct the  jury  in  the  law. 

Sec.  7.  There  shall  be  annually  elected  by  each  town,  and  by  the  sev- 
eral wards  in  the  city  of  Providence,  a  sufficient  number  of  justices  of  the 
peace,  or  wardens,  resident  therein,  with  such  jurisdiction  as  the  General  As- 
sembly may  prescribe.  And  said  justices,  or  wardens  (except  in  the  towns 
of  New  Shoreham  and  Jamestown),  shall  be  commissioned   by  the   Governor. 

Sec.  8.  The  courts  of  probate  in  this  State,  excepting  the  supreme  judi- 
cial court,  shall  remain  as  at  present  established  by  law,  until  the  General 
Assembly  shall  otherwise  prescribe. 

ARTICLE   XII. 

Of  Educafioji. 

Section  i.  The  diffusion  of  knowledge  as  well  as  of  virtue  among  the 
people  being  essential  for  the  preservation  of  their  rights  and  liberties,  it  shall 
be  the  duty  of  the  General  Assembly  to  promote  public  schools,  and  to  adopt 
all  other  means  to  secure  to  the  people  the  advantages  and  opportunities  of 
education,  which  they  may  deem  necessary  and  proper. 

Sec.  2.  The  money  w^hich  now  is,  or  which  may  hereafter  be,  appro- 
priated by  law  for  the  formation  of  a  permanent  fund  for  the  support  of 
public  schools,  shall  be  securely  invested,  and  remain  a  perpetual  fund  for 
that  purpose. 

Sec.  3.  All  donations  for  the  support  of  public  schools,  or  for  other 
purposes  of  education,  which  shall  be  received  h\  the  General  Assembly, 
shall  be  applied  according  to  the  terms  prescribed  b\-  the  donors. 

Sec.  4.  The  General  Assembly  shall  make  all  necessary  provisions  by 
law  for  carrying  this  article  into  effect.  They  are  prohibited  from  diverting 
said  moneys  or  fund  from  the  aforesaid  uses ;  and  from  borrowing,  appro- 
priating, or  using  the  same,  or  any  part  thereof,  for  any  other  purpose,  under 
any  pretence  whatsoever. 


364  THE     DORR     WAR. 

ARTICLE  XIII. 

Of  Amendments. 

The  General  Assembly  may  propose  amendments  to  this  constitution  by 
the  votes  of  a  majority  of  all  the  members  elected  to  each  House.  Such 
propositions  shall  be  published  in  the  newspapers,  and  printed  copies  of 
such  propositions  shall  be  sent  by  the  Secretary  of  State,  with  the  names 
of  all  the  members  who  shall  have  voted  thereon,  with  the  yeas  and  nays, 
to  all  the  town  and  city  clerks  in  the  State;  and  the  said  propositions 
shall  be  by  said  clerks  inserted  in  the  warrants  or  notices  by  them  issued 
for  warning  the  next  annual  ward  and  town  meetings  in  April ;  and  the 
clerks  shall  read  such  propositions  to  the  electors  when  thus  assembled, 
with  the  names  of  all  the  Representatives  and  Senators  who  shall  have 
voted  thereon,  wTth  the  yeas  and  nays,  before  the  election  of  Representatives 
and  Senators  shall  be  had.  If  a  majorit)^  of  all  the  members  elected  to  each 
House,  at  said  annual  meeting,  shall  approve  any  proposition  thus  made, 
the  same  shall  be  published  and  sent  to  the  electors  in  the  mode  provided 
in  the  act  of  approval;  and,  if  then  approved  by  three -fifths  of  the  electors 
of  the  State  present,  and  voting  thereon  in  town  and  ward  meetings,  it  shall 
become  a  part  of  the  constitution  of  the  State. 

ARTICLE   XIV. 

Of  the  Adoption   of  this    Constitution. 

Section  i.  This  constitution,  if  adopted,  shall  go  into  operation  on  the 
first  Tuesday  of  May,  in  the  year  one  thousand  eight  hundred  and  forty- 
two.  The  first  election  of  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Attorney  -  General,  and  General  Treasurer,  and  of  Representatives  and 
Senators,  under  said  constitution,  shall  be  had  on  the  third  Wednesday  of 
April  preceding.  And  the  town  and  ward  meetings  therefor  shall  be  warned 
and  conducted  as  is  now  provided  by  law.  All  civil,  judicial,  and  military 
officers  now  elected,  or  who  shall  hereafter  be  elected,  by  the  General 
Assembly  or  other  competent  authority,  before  the  said  first  Tuesday  of 
May,  shall  hold  tlieir  offices,  and  may  exercise  their  powers,  until  that  time. 


AIM'KNDIX     C.  365 

or  until  their  successors  are  qualified  to  act.  All  statutes,  public  and  private, 
not  repugnant  to  this  constitution,  shall  continue  in  force  until  they  expire 
by  their  own  limitation,  or  are  repealed  by  the  (jeneral  Assemblw  All 
charters,  contracts,  judgments,  actions,  and  rights  of  action,  shall  be  as  valid 
as  if  this  constitution  had  not  been  made.  The  present  go\ernnient  shall 
exercise  all  the  powers  with  which  it  is  now  chnhed  nntil  the  said  first 
Tuesday  of  May,  one  thousand  eight  hundred  and  forty -two,  and  until  their 
successors,  under  this  con.stitution,  are  duly  elected  and  qualified. 

Skc.  2.  All  debts  contracted,  and  engagements  entered  into,  before  the 
adoption  of  this  constitution,  shall  be  as  valid  against  the  .State  as  if  this 
constitution  had  not  been  formed. 

Sec.  3.  The  supreme  judicial  court,  established  by  this  constitution,  .shall 
have  the  same  juri.sdiction  as  the  supreme  judicial  court  at  present  estab- 
lished; and  shall  have  jurisdiction  of  all  cau.ses  which  may  be  appealed  to, 
or  pending  in,  the  same  ;  and  shall  be  held  at  the  .same  time  and  places,  and 
in  each  county,  as  the  present  supreme  judicial  court,  until  otherwise  pre- 
scribed by  the  General  Assembly. 

Skc.  4.  The  towns  of  Jamestown  and  New  Shoreham  shall  continue  to 
enjoy  the  exemption  from  military  duty  which  they  now  enjoy,  until  other- 
wise prescribed  by  law. 

Done  in  convention,  February   19,  1842. 

HENRY  Y.  CRANSTON, 

President  of  the  Convention. 
Thomas  A.  Jenckes,  Secretary. 
Walter  W.  Updike,  Assistant  Secretary. 


State  of  Rhode  Island  and  Providence  Plantations, 

/;/   Convention,  February  /p,  A.  D.  18^2. 
Resolved,   That   the  constitution   framed   by  this  convention  be  certified  by 
the  president  and  secretaries,  and,  with   the  journal   and   papers  of   the  con- 
vention, shall   be  deposited   in   the  office  of  the   Secretary  of  State;    that   the 


366  THE     DORR     WAR. 

Secretary  of  State  cause  said  constitution,  together  with  this  resolution,  and 
all  the  acts  and  resolutions  of  the  General  Assembly  relating  to  this  conven- 
tion, to  be  printed  and  distributed  according  to  law ;  and  that  said  constitu- 
tion be  submitted  to  all  the  people  authorized  to  vote  for  general  officers 
under  the  same,  for  their  ratification  or  rejection,  at  town  and  ward  meetings, 
to  be  holden  in  the  several  towns  and  in  the  city  of  Providence,  on  Monday, 
Tuesday,  and  Wednesday,  the  twenty -first,  twenty -second,  and  twenty -third 
days  of  March,  A.  D.  1842.  The  several  town  and  city  clerks  shall  issue  the 
necessary  warrants  for  said  meetings.  Said  meetings  shall  be  kept  open  for 
the  reception  of  votes  from  the  hour  of  nine  o'clock  in  the  forenoon,  until 
seven  o'clock  in  the  afternoon  ;  and  in  the  city  of  Providence  and  town  of 
Newport,  until  nine  o'clock  in  the  evening,  on  the  days  appointed.  At  said 
town  and  ward  meetings  every  person  voting  shall  have  his  name  written  on 
the  back  of  his  ballot ;  and  said  ballots  shall  be  sealed  up  in  open  town  or 
ward  meetings,  and,  with  lists  of  the  names  of  the  voters,  shall  be  returned 
to  the  General  Assembly  at  their'  session  to  be  holden  on  the  fourth  Monday 
of  March  next. 

Read  and  adopted,  February   19,  1842. 

THOMAS  A.  JENCKES,  Secretary. 


APPKNDIX     D. 


CONSTITUTION 


STATE  OF   RHODE   ISLAND 


PROVIDENCE    PLANTATIONS. 


We,  the  people  of  the  State  of  Rhode  Island  and  Providence  Plantations, 
grateful  to  Almighty  God  for  the  civil  and  religious  liberty  which  He  hath 
so  long  permitted  us  to  enjoy,  and  looking  to  Him  for  a  blessing  upon  our 
endeavors  to  secure  and  to  transmit  the  same  unimpaired  to  succeeding  gen- 
erations, do  ordain  and  establish  this  constitution  of  government. 

ARTICLE    I. 
Declaratio7i  of  Certain  CojistUutional  Rights  and  Principles. 

In  order  effectuall}^  to  secure  the  religious  and  political  freedom  established 
by  our  venerated  ancestors,  and  to  preserve  the  same  for  our  posterity,  we  do 
declare  that  the  essential  and  unquestionable  rights  and  principles  hereinafter 
mentioned  shall  be  established,  maintained  and  preserved,  and  shall  be  of  para- 
mount obligation  in  all  legislative,  judicial,  and  executive  proceedings. 

Section  i.  In  the  words  of  the  Father  of  his  Country,  we  declare  that 
"  the  basis  of  our  political  systems  is  the  right  of  the  people  to  make  and 
alter  their  constitutions  of  government ;   but  that  the  constitution  which  at  any 


368  THE    DORR    WAR, 

time  exists,  till  changed  by  an  explicit  and  authentic  act  of  the  whole  people, 
is  sacredly  obligatory  upon  all." 

Sec.  2.  All  free  governments  are  instituted  for  the  protection,  safety  and 
happiness  of  the  people.  All  laws,  therefore,  should  be  made  for  the  good  of 
the  whole ;  and  the  burdens  of  the  state  ought  to  be  fairly  distributed  among 
its  citizens.  . 

Sec.  3.  Whereas  Almightj^  God  hath  created  the  mind  free  ;  and  all 
attempts  to  influence  it,  by  temporal  punishments  or  burdens,  or  by  civil  in- 
capacitations, tend  to  beget  habits  of  hypocrisy  and  meanness ;  and  whereas 
a  principal  object  of  our  venerable  ancestors,  in  their  migrations  to  this 
country,  and  their  settlement  of  this  state,  was,  as  they  expressed  it,  to  hold 
forth  a  lively  experiment,  that  a  flourishing  civil  state  may  stand,  and  be 
best  maintained,  wdth  full  liberty  in  religious  concernments :  we,  therefore,  de- 
clare that  no  man  shall  be  compelled  to  frequent  or  to  support  any  religious 
worship,  place,  or  ministry  whatever,  except  in  fulfillment  of  his  own  volun- 
tary contract ;  nor  enforced,  restrained,  molested,  or  burdened  in  his  body  or 
goods ;  nor  disqualified  from  holding  any  office ;  nor  otherwise  suffer,  on  ac- 
count of  his  religious  belief ;  and  that  every  man  shall  be  free  to  worship 
God  according  to  the  dictates  of  his  own  conscience,  and  to  profess  and  by 
argument  to  maintain  his  opinion  in  matters  of  religion  ;  and  that  the  same 
shall  in  nowise  diminish,  enlarge,  or  affect  his  civil  capacity. 

Sec.  4.     Slaver}'  shall  not  be  permitted  in  this  state. 

Sec.  5.  Every  person  within  this  state  ought  to  find  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he  may 
receive  in  his  person,  property,  or  character.  He  ought  to  obtain  right  and 
justice  freely  and  without  purchase,  completely  and  without  denial ;  promptly 
and  without  delay  ;    conformably  to  the  laws. 

Sec.  6.  The  right  of  the  people  to  be  secure  in  their  persons,  papers 
and  possessions,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated ;  and  no  warrant  shall  issue,  but  on  complaint  in  writing,  upon 
probable  cau.se,  supported  by  oath  or  affirmation,  and  describing  as  nearly 
as  may  be,  the  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

Sec.  7.  No  person  shall  be  held  to  answer  for  a  capital  or  other  in- 
famous crime,   unless   on   jjresentnient   or  indictment  by  a  grand  jury,   except 


API'KNDIX     I).  300 

in  cases  of  impeachment,  or  of  such  offences  as  are  coj^jnizable  hy  a  justice 
of  the  peace ;  or  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  public  danger.  No  jjcrson 
shall,  after  an  acquittal,  be  tried  for  the  same  offence. 

Sec.  8.  Excessive  bail  shall  not  be  retjuired,  nor  excessi\-e  fines  imposed, 
nor  cruel  punishments  inflicted ;  and  all  i)unisliinents  ought  to  be  propor- 
tioned to  the  offence. 

Sec.  9.  All  persons  imprisoned  ought  to  be  bailed  by  sufficient  surety, 
unless  for  offences  punishable  by  death  or  by  imprisonment  for  life,  when 
the  proof  of  guilt  is  evident,  or  the  presumption  great.  The  privilege  of  the 
writ  of  habeas  corpus  shall  not  be  suspended,  unless  when  in  cases  of  re- 
bellion or  invasion  the  public  safety  shall  require  it  ;  nor  ever  without  the 
authority  of  the  General  Assembly. 

Sec.  10.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  ;  to  be  informed  of  the 
nature  and  cause  of  the  accusation,  to  be  confronted  with  the  witnesses 
against  him,  to  have  compulsory  process  for  obtaining  them  in  his  favor, 
to  have  the  assistance  of  counsel  in  his  defence,  and  shall  be  at  liberty  to 
speak  for  himself;  nor  shall  he  be  deprived  of  life,  liberty,  or  property,  un- 
less by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

Sec.  II.  The  person  of  a  debtor,  where  there  is  not  strong  presumption 
of  fraud,  ought  not  to  be  continued  in  prison  after  he  shall  have  delivered 
up  his  property  for  the  benefit  of  his  creditors,  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  12.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts, 
shall  be  passed. 

Sec.  13.  No  man  in  a  court  of  common  law  shall  be  compelled  to  give 
evidence  criminating  himself. 

Sec.  14.  Every  man  being  presumed  innocent,  until  he  is  pronounced 
guilty  by  the  law,  no  act  of  severity  which  is  not  necessary  to  secure  an 
accused  person  shall  be  permitted. 

Sec.    15.     The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  16.  Private  property  shall  not  be  taken  for  public  uses,  without  just 
compensation. 


370  THE     DORR     WAR. 

Sec.  I".  The  people  shall  continue  to  enjoy  and  freely  exercise  all  the 
rights  of  fishery,  and  the  privileges  of  the  shore,  to  which  they  have  been 
heretofore  entitled  under  the  charter  and  usages  of  this  State.  But  no  new 
right  is  intended  to  be  granted,  nor  any  existing  right  impaired  by  this  dec- 
laration. 

Sec.  1 8.  The  military  shall  be  held  in  strict  subordination  to  the  civil 
authority.  And  the  law  martial  shall  be  used  and  exercised  in  such  cases 
only  as  occasion  shall  necessarily  require. 

Sec.  19.  No  soldier  shall  be  quartered  in  any  house,  in  time  of  peace, 
without  the  consent  of  the  owner  ;  nor,  in  time  of  war,  but  in  a  manner  to  be 
prescribed  by  law. 

Sec.  20.  The  liberty  of  the  press  being  essential  to  the  security  of  free- 
dom in  a  state,  any  person  may  publish  his  sentiments  on  any  subject,  being 
responsible  for  the  abuse  of  that  libert}" ;  and  in  all  trials  for  libel,  both 
civil  and  criminal,  the  truth,  unless  published  from  malicious  motives,  shall 
be  sufficient  defence  to  the  person  charged. 

Sec.  21.  The  citizens  have  a  right  in  a  peaceable  manner  to  assemble 
for  their  common  good,  and  to  apply  to  those  invested  with  the  powers  of 
government  for  redress  of  grievances,  or  for  other  purposes,  by  petition,  ad- 
dress, or  remonstrance. 

Sec.  22.  The  right  of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed. 

Sec.  23.  The  enumeration  of  the  foregoing  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

ARTICLE    II. 

Of  the  Qualifications  of  Electors. 

Section  i.  Every  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years,  who  has  had  his  residence  and  home  in  this  state  for  one  year, 
and  in  the  town  or  city  in  which  he  may  claim  a  right  to  vote,  six  months 
next  preceding  the  time  of  voting,  and  who  is  really  and  truly  possessed  in 
his  own  right  of  real  estate  in  such  town  or  city  of  the  value  of  one  hundred 
and  thirty  -  four  dollars  over  and  above  all  incumbrances,  or  which  shall  rent 
for  seven  dollars  per  annum  over  and   above   any  rent   reserved  or  the  inter- 


APPENDIX    D.  371 

est  of  any  incumbrances  thereon,  beinj,^  an  estate  in  fee-simi)le,  fee -tail,  for 
the  life  of  any  person,  or  an  estate  in  reversion  or  remainder,  which  (lualifies 
no  other  person  to  vote,  the  conveyance  of  which  estate,  if  by  deefl,  shall 
have  been  recorded  at  least  ninety  days,  shall  thereafter  have  a  rij^lu  U)  vote 
in  the  election  of  all  civil  officers  and  on  all  questions  in  all  le^al  town  or 
ward  meetings  so  long  as  he  continues  so  qualified.  And  if  any  i)erson 
hereinbefore  described  shall  own  any  such  estate  within  this  state  out  of 
the  town  or  city  in  which  he  resides,  he  shall  have  a  right  to  vote  in  the 
election  of  all  general  officers  and  members  of  the  general  assembly  in  the 
town  or  city  in  which  he  shall  have  had  his  residence  and  home  for  the 
term  of  six  months  next  preceding  the  election,  upon  producing  a  certificate 
from  the  clerk  of  the  town  or  city  in  which  his  estate  lies,  bearing  date 
within  ten  days  of  the  time  of  his  voting,  setting  forth  that  such  person  has 
a  sufficient  estate  therein  to  qualify  him  as  a  voter ;  and  that  the  deed,  if 
any,  has  been  recorded  ninety  days. 

Sec.  2.  Every  male  native  citizen  of  the  United  States,  of  the  age  of 
twenty -one  years,  who  has  had  his  residence  and  home  in  this  state  two 
years,  and  in  the  town  or  city  in  which  he  may  offer  to  vote,  six  months 
next  preceding  the  time  of  voting,  whose  name  is  registered  pursuant  to  the 
act  calling  the  convention  to  frame  this  constitution,  or  shall  be  regi.stered  in 
the  office  of  the  clerk  of  such  town  or  city  at  least  seven  days  before  the 
time  he  shall  offer  to  vote,  and  before  the  last  day  of  December  in  the  present 
year ;  and  who  has  paid  or  shall  pay  a  tax  or  taxes  assessed  upon  his  estate 
within  this  state,  and  within  a  year  of  the  time  of  voting,  to  the  amount  of 
one  dollar,  or  who  shall  voluntarily  pay,  at  least  seven  days  before  the  time 
he  shall  offer  to  vote,  and  before  said  last  day  of  December,  to  the  clerk  or 
treasurer  of  the  town  or  city  wdiere  he  resides,  the  sum  of  one  dollar,  or  such 
sum  as  with  his  other  taxes  shall  amount  to  one  dollar,  for  the  support  of 
public  schools  therein,  and  shall  make  proof  of  the  same,  by  the  certificate  of 
the  clerk,  treasurer,  or  collector  of  any  town  or  city  where  such  payment  is 
made:  or  who,  being  so  registered,  has  been  enrolled  in  any  military  com- 
pany in  this  state,  and  done  military  service  or  duty  therein,  within  the 
present  year,  pursuant  to  law,  and  shall  (until  other  proof  is  required  by 
law)   prove  by  the  certificate  of  the  officer  legally  commanding  the  regiment, 


DlZ  THE     DORR     WAR. 

or  chartered,  or  legally  authorized  volunteer  company  in  which  he  may  have 
served  or  done  duty,  that  he  has  been  equipped  and  done  duty  according 
to  law,  or  by  the  certificate  of  the  commissioners  upon  military  claims,  that 
he  has  performed  military  service,  shall  have  a  right  to  vote  in  the  election 
of  all  civil  officers,  and  on  all  questions  in  all  legally  organized  town  or 
ward  meetings,  until  the  end  of  the  first  year  after  the  adoption  of  this 
constitution,  or  until  the  end  of  the  year  eighteen  hundred  and  forty -three. 

From  and  after  that  time,  every  such  citizen  who  has  had  the  residence 
herein  required,  and  whose  name  shall  be  registered  in  the  town  where  he 
resides,  on  or  before  the  last  day  of  December,  in  the  year  next  preceding 
the  time  of  his  voting,  and  who  shall  show  by  legal  proof,  that  he  has 
for  and  within  the  year  next  preceding  the  time  he  shall  offer  to  vote,  paid 
a  tax  or  taxes  assessed  against  him  in  any  town  or  city  in  this  state,  to 
the  amount  of  one  dollar,  or  that  he  has  been  enrolled  in  a  military  com- 
pany in  this  state,  been  equipped  and  done  duty  therein  according  to  law, 
and  at  least  for  one  day  during  such  )'ear,  shall  have  a  right  to  vote  in 
the  election  of  all  civil  officers,  and  on  all  qviestions,  in  all  legally  organ- 
ized town  or  ward  meetings:  Provided,  that  no  person  shall  at  any  time  be 
allowed  to  vote  in  the  election  of  the  city  council  of  the  city  of  Providence, 
or  upon  any  proposition  to  impose  a  tax,  or  for  the  expenditure  of  money 
in  any  town  or  city,  unless  he  shall  within  the  year  next  preceding  have 
paid  a  tax  assessed  upon  his  property  therein,  valued  at  least  at  one  hun- 
dred and  thirty -four  dollars. 

Sec.  3.  The  assessors  of  each  town  or  city  shall  annually  assess  upon 
every  person  whose  name  shall  be  registered  a  tax  of  one  dollar,  or  such 
sum  as  with  his  other  taxes  .shall  amount  to  one  dollar,  which  registry  tax 
shall  be  paid  into  the  treasury  of  such  town  or  cit}^  and  be  applied  to  the 
support  of  public  .schools  therein ;  but  no  compulsory  process  shall  issue 
for  the  collection  of  any  registry  tax:  Provided,  that  the  regi.stry  tax  of 
every  per.son  who  has  performed  military  duty  according  to  the  provisions 
of  the  preceding  section  shall  be  remitted  for  the  year  he  shall  perform 
such  duty ;  and  the  regi.stry  tax  assessed  upon  any  mariner,  for  any  year 
while  he   is  at   sea,   shall,  upon   his  application,   be  remitted;   and   no  person 


API'KNDIX     D.  373 

shall  be  allowed  to  vote  whose  rej^istry  tax  for  either  of  the  two  years  next 
preceding  the  time  of  voting  is  not  i)ai(l  or  remitted  as  herein  i)rovided. 

Sec.  4.  No  person  in  the  military,  naval,  marine,  or  any  other  service 
of  the  United  States  shall  be  considered  as  having  the  reqnired  residence 
by  reason  of  being  employed  in  any  garrison,  barrack,  or  military  or  naval 
station  in  this  state:  and  no  pauper,  lunatic,  person  non  compos  /noitis,  person 
under  guardianship,  or  meml^er  of  the  Narragansett  tribe  of  Indians,  shall 
be  permitted  to  be  registered  or  to  vote.  Nor  shall  any  person  convicted 
of  bribery,  or  of  any  crime  deemed  infamous  at  common  law,  be  permitted 
to  exercise  that  privilege,  until  he  be  expressly  restored  thereto  by  act  of 
the  general  assembly. 

Sec.  5.  Persons  residing  on  lands  ceded  by  this  .state  to  the  United  vStates 
shall  not  be  entitled  to  exercise  the  privilege  of  electors. 

Sec.  6.  The  general  assembly  shall  have  full  power  to  provide  for  a 
registry  of  voters,  to  prescribe  the  manner  of  conducting  the  elections,  the 
form  of  certificates,  the  nature  of  the  evidence  to  be  required  in  case  of  a 
dispute  as  to  the  right  of  any  person  to  vote,  and  generally  to  enact  all 
laws  necessary  to  carry  this  article  into  effect,  and  to  prevent  abuse,  cor- 
ruption and  fraud  in  voting. 

ARTICLE    I«. 

Of  the   Distribution    of  Po-a-crs. 

The  powers  of  the  government  shall  be  distributed  into  three  departments: 
the  legislative,  executive  and  judicial. 

ARTICLE    IV. 

Of  the  Legishtive  Po7C'er. 

Section  i.  This  constitution  shall  be  the  supreme  law  of  the  state, 
and  any  law  inconsi-stent  therewith  shall  be  void.  The  general  a.ssembly 
shall  pass  all  laws  necessary  to  carry  this  constitution  into  effect. 

Sec.  2.  The  legislative  power,  under  this  constitution,  shall  be  vested 
in  two  houses,  the  one  to  be  called  the  .senate,  the  other  the  house  of  repre- 


374  THE     DORR     WAR. 

sentatives ;  and  both  together,  the  general  assembly.  The  concurrence  of 
the  two  houses  shall  be  necessary  to  the  enactment  of  laws.  The  style  of 
their  laws  shall  be,  //  is  enacted  by  the  general  assembly  as  follows  : 

Sec.  3.  There  shall  be  two  sessions  of  the  general  assembly  holden  an- 
nually :  one  at  Newport,  on  the  first  Tuesday  of  May,  for  the  purposes  of 
election  and  other  business;  the  other  on  the  last  Monday  of  October,  which 
la.st  session  shall  be  holden  at  South  Kingstown  once  in  two  years,  and  the 
intermediate  years  alternately  at  Bristol  and  East  Greenwich;  and  an  adjourn- 
ment from  the  October  session  shall  be  holden  annually  at  Providence. 

Sec.  4.  No  member  of  the  general  assembly  shall  take  any  fee,  or  be  of 
counsel,  in  any  case  pending  before  either  house  of  the  general  assembly, 
under  penalty  of  forfeiting  his  seat,  upon  proof  thereof  to  the  satisfaction  of 
the  house  of  which  he  is  a  member. 

Sec.  5.  The  person  of  every  member  of  the  general  assemblj'  shall  be 
exempt  from  arrest,  and  his  estate  from  attachment  in  any  civil  action, 
during  the  session  of  the  general  assembl}^,  and  two  days  before  the  com- 
mencement and  two  days  after  the  termination  thereof,  and  all  process  served 
contrary  hereto  shall  be  void.  For  any  speech  in  debate  in  either  house,  no 
member  shall  be  questioned  in  any  other  place. 

Sec.  6.  Each  house  shall  be  the  judge  of  the  elections  and  qualifications 
of  its  members;  and  a  majority  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the 
attendance  of  absent  members  in  such  manner,  and  under  such  penalties, 
as  may  be  prescribed  by  such  house  or  by  law.  The  organization  of  the 
two  houses  may  be  regulated  by  law,  subject  to  the  limitations  contained 
in  this  constitution. 

Sec.  7.  Each  house  may  determine  its  rules  of  proceeding,  punish  con- 
tempts, punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two  thirds,  expel  a  member;  but  not  a  second  time  for  the  same 
cause. 

Sec.  8.  Each  house  shall  keep  a  journal  of  its  proceedings.  The  yeas 
and  nays  of  the  members  of  either  house  shall,  at  the  desire  of  one  fifth  of 
those  present,  be  entered  on  the  journal. 


APPENDIX     D.  375 

Sec.  9.  Neither  house  shall,  duriii},^  a  session,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than 
that  in  which  they  may  be  sitting. 

Sec.  10.  The  general  assembly  shall  continue  to  exercise  the  powers 
they  have  heretofore  exercised,    unless  prohibited   in   this  constitution. 

Sec.  II.  The  senators  and  representatives  shall  receive  the  sum  of  one 
dollar  for  every  day  of  attendance,  and  eight  cents  ])er  mile  for  traveling 
expenses  in  going  to  and  returning  from  the  general  assembly.  The  general 
assembly  shall  regulate  the  compensation  of  the  governor,  and  all  other  offi- 
cers, subject  to  the  limitations  contained  in  this  constitution. 

Sec.  12.  All  lotteries  shall  hereafter  be  prohibited  in  this  state,  except 
those  already  authorized  b}-  the  general  assembly. 

Sec.  13.  The  general  assembly  shall  have  no  power,  hereafter,  without 
the  express  consent  of  the  people,  to  incur  state  debts  to  an  amount  exceed- 
ing fifty  thousand  dollars,  except  in  time  of  war,  or  in  case  of  insurrection 
or  invasion ;  nor  shall  the}-  in  any  case,  without  such  consent,  pledge  the 
faith  of  the  state  for  the  payment  of  the  obligations  of  others.  This  section 
shall  not  be  construed  to  refer  to  any  money  that  may  be  deposited  with 
this  state  by  the  government  of  the  United  States. 

Sec.  14.  The  assent  of  two  thirds  of  the  members  elected  to  each  house 
of  the  general  assembly  shall  be  required  to  every  bill  approj^riating  the 
public  money  or  property  for  local  or  private  purposes. 

Sec.  15.  The  general  assembly  shall,  from  time  to  time,  provide  for 
making  new  valuations  of  property,  for  the  assessment  of  taxes,  in  such 
manner  as  they  may  deem  best.  A  new  estimate  of  such  property  shall  be 
taken  before  the  first  direct  state  tax,  after  the  adoption  of  this  constitution, 
shall  be  assessed. 

Sec.  16.  The  general  assembly  may  provide  by  law  for  the  continuance 
in  office  of  any  officers  of  annual  election  or  appointment,  until  other  per- 
sons are  qualified  to  take  their  places. 

Sec.  17.  Hereafter,  when  any  bill  shall  be  presented  to  either  house 
of  the  general  assembly,  to  create  a  corporation  for  any  other  than  for  relig- 
ious, literary,  or   charitable   purposes,   or    for   a    military  or   fire   company,  it 


376  THE     DORR     WAR, 

shall  be  continued  until  another  election  of  members  of  the  general  assembly 
shall  have  taken  place,  and  such-  public  notice  of  the  pendency  thereof  shall 
be  given  as  may  be  required  by  law. 

Sec.  1 8.  It  shall  be  the  duty  of  the  two  houses,  upon  the  request  of 
either,  to  join  in  grand  committee  for  the  purpose  of  electing  senators  in 
congress,  at  such  times  and  in  such  manner  as  may  be  prescribed  bj^  law 
for  said  elections. 

ARTICLE   V. 

Of  the    House   of  Representatives. 

Section  i.  The  house  of  representatives  shall  never  exceed  seventy- 
two  members,  and  shall  be  constituted  on  the  basis  of  population,  always 
allowing  one  representative  for  a  fraction  exceeding  half  the  ratio;  but  each 
town  or  city  shall  always  be  entitled  to  at  least  one  member ;  and  no  town 
or  city  shall  have  more  than  one  sixth  of  the  whole  number  of  members 
to  which  the  house  is  hereby  limited.  The  present  ratio  shall  be  one  repre- 
sentative to  every  fifteen  hvindred  and  thirty  inhabitants,  and  the  general 
assembly  may,  after  any  new  census  taken  by  the  authority  of  the  United 
States  or  of  this  state,  re -apportion  the  representation  by  altering  the  ratio; 
but  no  town  or  city  shall  be  divided  into  districts  for  the  choice  of  repre- 
sentatives. 

Sec.  2.  The  house  of  representatives  shall  have  authority  to  elect  its 
speaker,  clerks  and  other  officers.  The  senior  member  from  the  town  of 
Newport,  if  any  be  present,  shall  preside  in  the  organization  of  the  house. 

ARTICLE   VI. 

Of  the  Senate. 

Section  i.  The  senate  shall  consist  of  the  lieutenant-governor  and  of 
one  .senator  from  each  town  or  city  in  the  state. 

Sec.  2.  The  governor,  and  in  his  absence  the  lieutenant-governor,  shall 
preside  in  the  .senate  and  in  grand  committee.  The  presiding  officer  of  the 
senate  and  grand  committee  .shall  have  a  right  to  vote  in  case  of  equal 
division,  but  not  otherwise. 


AI'I'KNDIX    I).  yn7 

Sbc.  3.  If,  by  reason  of  death,  resij^nation,  absence,  or  other  cause,  there 
be  no  governor  or  lieutenant-governor  present,  to  preside  in  the  senate,  the 
senate  shall  elect  one  of  their  own  members  to  preside  during  such  absence 
or  vacancy  ;  and  until  such  election  is  made  by  the  senate,  the  secretary  of 
state  shall  preside. 

Sec.  4.  The  secretary  of  state  shall,  by  virtue  of  his  office,  be  secretary 
of  the  senate,  unless  otherwi.se  provided  by  law,  and  the  .senate  may  elect 
such  other  officers  as  they  may  deem  neces.sary. 

ARTICLE   VII. 

0/  the  Executive  Poxcer. 

Section  i.  The  chief  executive  power  of  this  state  shall  be  vested  in  a 
governor,  who,  together  with  a  lieutenant-governor,  shall  be  ainiually  elected 
by  the  people. 

Sec.  2.     The  governor  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  3.  He  shall  be  captain  -  general  and  commander-in-chief  of  the 
military  and  naval  forces  of  this  state,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  4.  He  shall  have  power  to  grant  reprieves  after  conviction,  in  all 
cases  except  those  of  impeachment,  until  the  end  of  the  next  session  of  the 
general  assembly. 

Sec.  5.  He  may  fill  vacancies  in  office  not  otherwise  provided  for  by 
this  constitution,  or  by  law,  until  the  same  shall  be  filled  by  the  general 
assembly,  or  by  the  people. 

Sec.  6.  In  case  of  disagreement  between  the  two  houses  of  the  general 
assembly,  respecting  the  time  or  place  of  adjournment,  certified  to  him  by 
either,  he  may  adjourn  them  to  such  time  and  place  as  he  shall  think  proper : 
provided  that  the  time  of  adjournment  shall  not  be  extended  beyond  the  day 
of  the  next  stated  session. 

Sec.  7.  He  may,  on  extraordinary  occasions,  convene  the  general  assem- 
bly at  any  town  or  city  in  this  state,  at  any  time  not  provided  for  by  law  ; 
and  in  case  of  danger  from  the  prevalence  of  epidemic  or  contagious  disease, 
in  the  place  in  which  the  general  assembly  are  b}'  law  to  meet,  or  to  which 


378  THE    DORR    WAR. 

they  may  have  been  adjourned,  or  for  other  urgent  reasons,  he  may,  by 
proclamation,  convene  said  assembly  at  any  other  place  within  this  state. 

Sec.  8.  All  commissions  shall  be  in  the  name  and  by  the  authority  of 
the  .state  of  Rhode  Island  and  Providence  Plantations ;  shall  be  sealed  with 
the  vState  seal,  signed  b)'  the  governor,  and  attested  by  the  secretary. 

Sp:c.  9.  In  case  of  vacancy  in  the  office  of  governor,  or  his  inabilitj^  to 
serve,  impeachment,  or  absence  from  the  state,  the  lieutenant-governor  shall 
fill  the  office  of  governor,  and  exercise  the  powers  and  authority  appertain- 
ing thereto,  until  a  governor  is  qualified  to  act  or  until  the  office  is  filled  at 
the  next  annual  election. 

Sec.  10.  If  the  offices  of  governor  and  lieutenant-governor  be  both 
vacant,  by  reason  of  death,  resignation,  impeachment,  absence,  or  otherwise, 
the  person  entitled  to  preside  over  the  senate  for  the  time  being  shall  in 
like   manner  fill  the  office  of  governor  during  such  absence  or  vacancy. 

Sicc.  II.  The  compensation  of  the  governor  and  lieutenant-governor 
.shall  be  established  by  law,  and  shall  not  be  diminished  during  the  term 
for  which  they  are  elected. 

Sec  12.  The  duties  and  powers  of  the  secretary,  attorney- general,  and 
general  treasurer  shall  be  the  same  under  this  constitution  as  are  now 
e.stablished,  or  as  from  time  to  time  may  be  prescribed  by  law. 

ARTICLE  VIII. 

Of  Elections. 

SecTiox  I.  The  governor,  lieutenant-governor,  senators,  representatives, 
secretary  of  state,  attorney- general,  and  general  treasurer  shall  be  elected 
at  the  town,  city,  or  ward  meetings,  to  be  holden  on  the  first  Wednesday  of 
April,  annually  ;  and  shall  severally  hold  their  offices  for  one  year,  from  the 
first  Tuesday  of  May  next  succeeding,  and  until  others  are  legally  chosen,  and 
duly  qualified  to  fill  their  places.  If  elected  or  qualified  after  the  .said  first 
Tuesday  of  May,  they  shall  hold  their  offices  for  the  remainder  of  the  political 
year,  and  until  their  successors  are  qualified  to  act. 

vSec.  2.  The  voting  for  governor,  lieutenant-governor,  secretary  of  state, 
attorney- general,  general  treasurer  and  representative  to  congress,  shall  be  by 


APPENDIX     D.  ,379 

ballot;  senators  and  representatives  to  the  general  assembly,  and  town  or  city 
officers,  shall  be  chosen  by  ballot,  on  demand  of  any  seven  persons  entitled 
to  vote  for  the  same;  and  in  all  cases  where  an  election  is  made  by  ballot 
or  paper  vote,  the  manner  of  balloting  shall  be  the  same  as  is  now  refiuired  in 
voting  for  general  officers,  until  otherwise  prescribed  by  law. 

Skc.  3.  The  names  of  the  persons  voted  for  as  governor,  lieutenant- 
governor,  secretary  of  state,  attorney -general,  and  general  treasurer  shall  be 
placed  upon  one  ticket;  and  all  votes  for  these  officers  shall,  in  open  town 
or  ward  meetings,  be  sealed  up  by  the  moderators  and  town  clerks  and  l>y 
the  wardens  and  ward  clerks,  who  shall  certify  the  same  and  deliver  or  send 
them  to  the  secretary  of  state;  whose  duty  it  shall  be  securely  to  keep  and 
deliver  the  same  to  the  grand  committee,  after  the  organization  of  the  two 
houses  at  the  annual  May  session  ;  and  it  shall  be  the  duty  of  the  two  houses 
at  said  session,  after  their  organization,  upon  the  request  of  either  house,  to 
join  in  grand  committee,  for  the  purpose  of  counting  and  declaring  said  votes, 
and  of  electing  other  officers. 

Sec.  4.  The  towm  and  ward  clerks  shall  also  keep  a  correct  list  or  register 
of  all  persons  voting  for  general  officers,  and  shall  transmit  a  copy  thereof 
to  the  general   assembly,   on  or  before  the   first  day  of  said   May  session. 

Sec.  5.  The  ballots  for  senators  and  representatives  in  the  several  towns 
shall,  in  each  case,  after  the  polls  are  declared  to  be  closed,  be  counted  by 
the  moderator,  who  shall  announce  the  result,  and  the  clerk  shall  give  certifi- 
cates to  the  persons  elected.  If,  in  any  case,  there  be  no  election,  the  polls 
may  be  reopened,  and  the  like  proceedings  shall  be  had  until  an  election 
shall  take  place  :  Provided,  however,  that  an  adjournment  or  adjournments  of 
the  election  may  be  made  to  a  time  not  exceeding  seven  days  from  the  first 
meeting. 

Sec.  6.  In  the  citj'  of  Providence,  the  polls  for  senator  and  representa- 
tive shall  be  kept  open  during  the  whole  time  of  voting  for  the  day,  and 
the  votes  in  the  several  wards  shall  be  sealed  up  at  the  close  of  the  meet- 
ing by  the  wardens  and  ward  clerks  in  open  ward  meeting,  and  afterwards 
delivered  to  the  city  clerk.  The  mayor  and  aldermen  shall  proceed  to  count 
said  votes  wdthin  two  days  from  the  day  of  election  ;  and  if  no  election  of 
senator  and  representatives  or  if  an  election  of  only  a   portion   of  the  repre- 


380  THE     DORR    WAR. 

sentatives  shall  have  taken  place,  the  mayor  and  aldermen  shall  order  a  new 
election,  to  be  held  not  more  than  ten  days  from  the  day  of  the  first  election, 
and  so  on  until  the  election  shall  be  completed.  Certificates  of  election 
shall  be  furnished  by  the  city  clerk  to  the  persons  chosen. 

Skc.  7.  If  no  person  shall  have  a  majority  of  votes  for  governor,  it 
shall  be  the  duty  of  the  grand  committee  to  elect  one  by  ballot  from  the  two 
persons  having  the  highest  number  of  votes  for  the  office,  except  when  such 
a  result  is  produced  by  rejecting  the  entire  vote  of  any  town,  city  or  ward, 
for  informality  or  illegality,  in  which  case  a  new  election  by  the  electors 
throughout  the  state  shall  be  ordered ;  and  in  case  no  person  shall  have  a 
majority  of  votes  for  lieutenant-governor,  it  shall  be  the  duty  of  the  grand 
committee  to  elect  one  by  ballot  from  the  two  persons  having  the  highest 
number  of  votes  for  the  office. 

Sec.  8.  In  case  an  election  of  the  secretary  of  state,  attorney- general, 
or  general  treasurer  should  fail  to  be  made  by  the  electors  at  the  annual 
election,  the  vacancy  or  vacancies  shall  be  filled  by  the  general  assembly 
in  grand  committee,  from  the  two  candidates  for  such  office  having  the  great- 
est number  of  the  votes  of  the  electors.  Or,  in  case  of  a  vacancy  in  either 
of  said  offices  from  other  causes,  between  the  sessions  of  the  general  assem- 
bly, the  governor  shall  appoint  some  person  to  fill  the  same  until  a  successor 
elected  by  the  general  assembly  is  qualified  to  act ;  and  in  such  case,  and 
also  in  all  other  cases  of  vacancies  not  otherwise  provided  for,  the  general 
a.ssembly  may  fill  the  same  in  any  manner  they  may  deem  proper. 

Sec.  9.  Vacancies  from  any  cause  in  the  senate  or  house  of  representa- 
tives may   be  filled  by  a  new  election. 

Sec.  10.  In  all  elections  held  by  the  people  under  this  constitution,  a 
majority  of  all  the  electors  voting  shall  be  necessary  to  the  election  of  the 
persons  voted   for. 

ARTICLE    IX. 
Of  Qualifications  for  Office. 

Section  i.  No  person  shall  be  eligible  to  any  civil  office,  (except  the 
office  of  school  committee,)   unless  he  be  a  qualified  elector  for  such  office. 


APPENDIX     1).  881 

Sec.  2.  Every  person  shall  be  disqualified  from  holding'  any  office  to 
which  he  may  have  been  elected,  if  he  be  convicted  of  having  offered,  or 
procured  any  other  person  to  offer,  any  bribe  to  secure  his  election,  or  the 
election  of  any  other  person. 

Sec.  3.  All  general  officers  shall  take  the  following  engagement  before 
they  act   in  their  respective  offices,   to   wit :      You  being  by  the 

free  vote  of  the  electors  of  this  State  of  Rhode  Island  and  Providence  Planta- 
tion, elected  unto  the  place  of  do  solemnly  swear  (or  affirm)  to 
be  true  and  faithful  unto  this  State,  and  to  support  the  constitution  of  this 
state  and  of  the  United  States  ;  that  you  will  faithfully  and  in;partially  dis- 
charge all  the  duties  of  your  aforesaid  office,  to  the  best  of  your  abilities, 
according  to  law:  So  help  you  God.  Or,  this  affirmation  you  make  and  give 
upon  the  peril  of  the  penalty  of  perjury. 

Sec.  4.  The  members  of  the  general  assembly,  the  judges  of  all  the 
courts,  and  all  other  officers,  both  civil  and  military,  shall  be  bound  by  oath 
or  affirmation  to  support  this  constitution,  and  the  constitution  of  the  United 
States. 

Sec.  5.  The  oath  or  affirmation  shall  be  administered  to  the  governor, 
lieutenant-governor,  senators,  and  representatives,  by  the  secretary  of  state, 
or  in  his  absence,  by  the  attorney -general.  The  secretary  of  state,  attorney- 
general,  and  general  treasurer  shall  be  engaged  by  the  governor,  or  by  a 
justice  of  the  supreme  court. 

Sec.  6.  No  person  holding  any  office  under  the  government  of  the 
United  States,  or  of  any  other  state  or  country,  shall  act  as  a  general  officer, 
or  as  a  member  of  the  general  assembly,  unless  at  the  time  of  taking  his 
engagement  he  shall  have  resigned  his  office  under  such  government ;  and 
if  any  general  officer,  senator,  representative,  or  judge  shall,  after  his  elec- 
tion and  engagement,  accept  any  appointment  under  any  other  government, 
his  office  under  this  shall  be  immediately  vacated ;  but  this  restriction  shall 
not  apply  to  any  person  appointed  to  take  depositions  or  acknowledgment 
of  deeds,  or  other  legal  instruments,  by  the  authority  of  any  other  state  or 
country. 


382  THE     DORR     WAR. 

ARTICLE   X. 

Of  the  Judicial  Power. 

Section  i.  The  judicial  power  of  this  state  shall  be  vested  in  one  su- 
preme court,  and  in  such  inferior  courts  as  the  general  assembly  may,  from 
time  to  time,  ordain  and  establish. 

Sec.  2.  The  several  courts  shall  have  such  jurisdiction  as  maj^,  from  time 
to  time,  be  prescribed  by  law.  Chancery  powers  may  be  conferred  on  the 
supreme  court,  but  on  no  other  court  to  any  greater  extent  than  is  now  pro- 
vided by  law. 

Sec.  3.  The  judges  of  the  supreme  court  shall,  in  all  trials,  instruct  the 
jury  in  the  law.  They  shall  also  give  their  written  opinion  upon  any  ques- 
tion of  law  whenever  requested  by  the  governor,  or  by  either  house  of  the 
general  assembly. 

Sec.  4.  The  judges  of  the  supreme  court  shall  be  elected  by  the  two 
houses  in  grand  committee.  Each  judge  shall  hold  his  offices  until  his  place 
be  declared  vacant  by  a  resolution  of  the  general  assembly  to  that  effect ; 
which  resolution  shall  be  voted  for  by  a  majority  of  all  the  members  elected 
to  the  house  in  which  it  may  originate,  and  be  concurred  in  by  the  same 
majority  of  the  other  house.  Such  resolution  shall  not  be  entertained  at 
any  other  than  the  annual  session  for  the  election  of  public  officers ;  and  in 
default  of  the  passage  thereof  at  said  session,  the  judge  shall  hold  his  place 
as  is  herein  provided.  But  a  judge  of  any  court  shall  be  removed  from  office 
if,  upon  impeachment,  he  shall   be  found  guilty  of  any  official  misdemeanor. 

Sec.  5.  In  case  of  vacancy  by  death,  resignation,  removal  from  the  state 
or  from  office,  refusal  or  inability  to  serve,  of  any  judge  of  the  supreme  court, 
the  office  may  be  filled  by  the  grand  committee,  until  the  next  annual  elec- 
tion, and  the  judge  then  elected  shall  hold  his  office  as  before  provided.  In 
cases  of  impeachment  or  temporary  absence,  or  inability,  the  governor  may 
appoint  a  person  to  di.scharge  the  duties  of  the  office  during  the  vacancy 
caused  thereby. 

Sec.  6.  The  judges  of  the  supreme  court  shall  receive  a  compensation 
for  their  services,  which  shall  not  be  diminished  during  their  continuance 
in  office. 


APPENDIX    I).  383 

Skc.  7.  The  towns  of  New  vShorehani  and  Jamestown  may  continue  to 
elect  their  wardens  as  heretofore.  The  other  towns  and  tlie  city  of  Provi- 
dence may  elect  such  number  of  justices  of  the  i)eace,  resident  therein,  as 
they  may  deem  proper.  The  jurisdiction  of  said  justices  and  wardens  shall 
be  regulated  by  law.     The  justices  shall  be  connnissioned  by  the  governor. 

ARTlCIvK    XI. 
Of  Impeachments. 

Section  i.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  A  vote  of  two  thirds  of  all  the  members  elected  shall  be  re- 
quired for  an  impeachment  of  the  governor.  Any  officer  impeached  shall 
thereby  be  suspended  from  office  until  judgment  in  the  case  shall  have  been 
pronounced. 

Sec.  2.  All  impeachments  shall  be  tried  b)'  the  senate ;  and  when  sit- 
ting for  that  purpose,  they  shall  be  under  oath  or  affirmation.  No  person 
shall  be  convicted,  except  by  vote  of  two  thirds  of  the  members  elected. 
When  the  governor  is  impeached,  the  chief  or  presiding  justice  of  the  su- 
preme court,  for  the  time  being,  shall  preside,  with  a  casting  vote  in  all  pre- 
liminary questions. 

Sec.  3.  The  governor,  and  all  other  executive  and  judicial  officers,  shall 
be  liable  to  impeachment;  but  judgment  in  such  cases  shall  not  extend 
further  than  to  removal  from  office.  The  person  convicted  shall,  nevertheless, 
be  liable  to  indictment,  trial,  and  punishment,  according  to  law. 

kRTICLE   XII. 

Of  Education. 

Section  i.  The  diffusion  of  knowledge,  as  well  as  of  virtue  among  the 
people,  being  essential  to  the  preservation  of  their  rights  and  liberties,  it  shall 
be  the  duty  of  the  general  assembly  to  promote  public  schools,  and  to  adopt 
all  means  which  they  may  deem  necessary  and  proper  to  secure  to  the  people 
the  advantages  and  opportunities  of  education. 

Sec.  2.  The  money  which  now  is,  or  which  may  hereafter  be  appro- 
priated by  law  for  the  establishment  of  a  permanent  fund  for  the  support  of 


384  THE     DORR     WAR, 

public  schools  shall  be  securely  invested,  and  remain  a  perpetual  fund  for 
that  purpose. 

Sec.  3.  All  donations  for  the  support  of  public  schools,  or  for  other 
purposes  of  education,  which  may  be  received  by  the  general  assembly, 
shall  be  applied  according  to  the  terms  prescribed  by  the  donors. 

Sec.  4.  The  general  assembly  shall  make  all  necessary  provisions  by 
law  for  carrying  this  article  into  effect.  They  shall  not  divert  said  money 
or  fund  from  the  aforesaid  uses,  nor  borrow,  appropriate,  or  use  the  same, 
or  an}^  part  thereof,  for  any  other  purpose,  under  any  pretence  whatsoever. 

ARTICLE  XIII. 

Of  Aviendme^its . 

The  general  assembly  may  propose  amendments  to  this  constitution  by 
the  votes  of  a  majority  of  all  the  members  elected  to  each  house.  Such 
propositions  for  amendment  shall  be  published  in  the  newspapers,  and  printed 
copies  of  them  shall  be  sent  by  the  secretary  of  state,  with  the  names  of  all 
the  members  who  shall  have  voted  thereon,  with  the  yeas  and  nays,  to  all 
the  town  and  city  clerks  in  the  State.  The  said  propositions  shall  be,  by 
vSaid  clerks,  inserted  in  the  warrants  or  notices  by  them  issued,  for  warning 
the  next  annual  town  and  ward  meetings  in  April ;  and  the  clerks  shall  read 
said  propositions  to  the  electors  when  thus  assembled,  with  the  names  of  all 
the  representatives  and  senators  who  shall  have  voted  thereon,  with  the  yeas 
and  na3's,  before  the  election  of  senators  and  representatives  shall  be  had.  If 
a  majority  of  all  the  members  elected  to  each  house,  at  said  annual  meeting, 
shall  approve  any  proposition  thus  made,  the  same  shall  be  published  and 
submitted  to  the  electors  in  the  mode  provided  in  the  act  of  approval ;  and 
if  then  approved  by  three  fifths  of  the  electors  of  the  state  present,  and 
voting  thereon  in  town  and  ward  meetings,  it  shall  become  a  part  of  the 
con.stitution  of  the  state. 

ARTICLE   XIV. 

Of  the  Adoption   of  this   Constitidion. 

Section  i.  This  constitution,  if  adopted,  shall  go  into  operation  on  the 
first  Tuesday   of    May,   in   the    year  one    thousand   eight   hundred    and    forty- 


AI'I'KNDIX      1).  'jSr> 

three.  The  first  election  of  j^overnor,  lieutenant- j^oxernor,  secretary  of  state, 
attorney -general,  and  general  treasurer,  and  of  senators  and  re])resentatives 
under  said  constitution,  shall  be  had  on  the  first  Wednesday  of  Ai)ril  next 
preceding,  by  the  electors  qualified  under  said  constitution.  And  the  town 
and  ward  meetings  therefor  shall  be  warned  and  conducted  as  is  now  pro- 
vided by  law.  All  civil  and  military  officers  now  elected,  or  who  shall  here- 
after be  elected,  by  the  general  assembly,  or  other  competent  authority',  before 
the  said  first  Wednesday  of  April,  shall  hold  their  offices  and  may  exercise 
their  powers  until  the  said  first  Tuesday  of  May,  or  until  their  successors 
shall  be  qualified  to  act.  All  statutes,  public  and  private,  not  repugnant  to 
this  constitution,  shall  continue  in  force  until  they  expire  by  their  own  limi- 
tation, or  are  repealed  by  the  general  assembly.  All  charters,  contracts, 
judgments,  actions  and  rights  of  action  shall  be  as  valid  as  if  this  constitu- 
tion had  not  been  made.  The  present  government  shall  exercise  all  the 
powers  with  which  it  is  now  clothed,  until  the  said  first  Tuesday  of  May, 
one  thousand  eight  hundred  and  forty -three,  and  until  the  government  under 
this  constitution  is  dul)-  organized. 

Sec.  2.  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  constitution,  shall  be  as  valid  again.st  the  .state  as  if  this 
constitution  had  not  been  adopted. 

Sec.  3.  The  supreme  court,  established  by  this  con.stitution,  shall  have 
the  same  jurisdiction  as  the  supreme  judicial  court  at  present  established, 
and  shall  have  jurisdiction  of  all  causes  which  may  be  appealed  to,  or  pend- 
ing in  the  same ;  and  shall  be  held  at  the  same  times  and  places,  and  in 
each  county,  as  the  present  supreme  judicial  court,  until  otherwise  prescribed 
by  the  general  assembly. 

Sec.  4.  The  towns  of  New  Shoreham  and  Jamestown  shall  continue  to 
enjoy  the  exemptions  from  military  duty  which  they  now  enjoy,  until  other- 
wise prescribed   by  law. 

Done   in   convention,   at   East   Greenwich,   this   fifth   day   of   November,   A. 

D.,  one  thousand  eight  hundred  and  forty- two. 

JAMES  FENNER,  President. 
HENRY  Y.CRANSTON,  \lcc-Pnsl. 

Thomas  A   Jenckes,      \  Secretaries. 
Walter  W.  Updike,     ) 
49 


ARTICLES     OF    AMENDMENT. 


Adopted  November,  1854. 

ARTICLE    I. 

It  shall  not  be  necessary  for  the  town  or  ward  clerks  to  keep  and  transmit 
to  the  general  assembly  a  list  or  register  of  all  persons  voting  for  general 
officers ;  but  the  general  assembly  shall  have  power  to  pass  such  laws  on 
the  subject  as  they  may  deem  expedient. 

ARTICLE   II. 

The  governor,  by  and  with  the  advice  and  consent  of  the  senate,  shall 
hereafter  exclusiveh*  exercise  the  pardoning  power,  except  in  cases  of  im- 
peachment, to  the  same  extent  as  such  power  is  now  exercised  by  the  gen- 
eral assembly. 

ARTICLE   III. 

There  shall  be  one  session  of  the  general  assembly,  holden  annually, 
commencing  on  the  last  Tuesday  in  May,  at  Newport,  and  an  adjournment 
from  the  same  shall  be  holden  annualh^  at  Providence. 

Adopted  August,  1864. 

ARTICLE    IV. 

Electors  of  this  state  who  in  time  of  war,  are  absent  from  the  state,  in  the 
actual  military  .service  of  the  United  States,  being  otherwise  qualified,  shall 
have  a  right  to  vote  in  all  elections  in  the  state  for  electors  of  president  and 
vice-president  of  the  United  vStates,  representatives  in  congress,  and  general 
ofiicers  of  the  state.      The  general  assembly  .shall  have  full  power  to  provide 


APPENDIX     D.  387 

by  law  for  carrying  this  article  into  effect ;  and  until  such  jirovision  shall 
be  made  by  law,  every  such  absent  elector  on  the  day  of  such  elections, 
may  deliver  a  written  or  printed  ballot,  with  the  names  of  the  i)ersons  voted 
for  thereon,  and  his  christian  and  surname,  and  his  voting  residence  in  the 
state,  written  at  length  on  the  back  thereof,  to  the  officer  commanding  the 
regiment  or  company  to  which  he  belongs  ;  and  all  such  ballots,  certified  l)y 
such  commanding  officer  to  have  been  given  by  the  elector  whose  name  is 
written  thereon,  and  returned  by  such  commanding  officer  to  the  secretary 
of  state  within  the  time  prescribed  by  law  for  counting  the  votes  in  such 
elections,  shall  be  received  and  counted  with  the  same  effect  as  if  given  by 
such  elector  in  open  town,  ward,  or  district  meeting:  and  the  clerk  of  each 
town  or  city,  until  otherwise  provided  by  law,  shall,  within  five  days  after 
any  vSUch  election,  transmit  to  the  secretary  of  state  a  certified  list  of  the 
names  of  all  such  electors  on  their  respective  voting  lists. 

Adoptkd  April  7,  1886. 

ARTICLE   V. 

The  manufacture  and  sale  of  intoxicating  liquors  to  be  used  as  a  beverage 
shall  be  prohibited.  The  general  assembly  shall  provide  by  law  for  carr>ing 
this  article  into  effect. 

ARTICLE    VI. 

All  soldiers  and  sailors  of  foreign  birth,  citizens  of  the  United  States,  who 
served  in  the  army  or  navy  of  the  United  States  from  this  state  in  the  late 
civil  war,  and  who  were  honorably  discharged  from  such  service,  shall  have 
the  right  to  vote  on  all  questions  in  all  legally  organized  town,  district  or 
ward  meetings,  upon  the  same  conditions  and  under  and  subject  to  the  same 
restrictions  as  native  born  citizens. 

Adopted  April  4,  1888. 

ARTICLE    VII. 

Section  i.  Every  male  citizen  of  the  United  States  of  the  age  of  twenty- 
one  years  who  has  had  his  residence  and   home  in  this  state  for  two  years, 


388  THE     DORR     WAK. 

and  in  the  town  or  city  in  which  he  may  offer  to  vote  six  months  next 
preceding  the  time  of  his  voting,  and  whose  name  shall  be  registered  in  the 
town  or  city  where  he  resides  on  or  before  the  last  day  of  December,  in  the 
year  next  preceding  the  time  of  his  voting,  shall  have  a  right  to  vote  in 
the  election  of  all  civil  officers  and  on  all  questions  in  all  legally  organized 
town  or  ward  meetings :  Provided,  that  no  person  shall  at  any  time  be  allowed 
to  vote  in  the  election  of  the  cit)^  council  of  any  city,  or  upon  any  proposition 
to  impose  a  tax,  or  for  the  expenditure  of  money  in  any  town  or  city,  unless 
he  shall  within  the  year  next  preceding  have  paid  a  tax  assessed  upon  his 
property  therein,  valued  at  least  at  one  hundred  and  thirty- four  dollars. 

Sec.  2.  The  assessors  of  each  town  and  cit}^  shall  annually  assess  upon 
every  person,  who,  if  registered,  would  be  qualified  to  vote,  a  tax  of  $i,  or 
such  sum  as  with  his  other  taxes  shall  amount  to  $i,  which  tax  shall  be 
paid  into  the  treasury  of  such  town  or  cit}^  and  be  applied  to  the  support 
of  public  schools  therein :  Provided,  that  such  tax  assessed  upon  any  person 
who  has  performed  military  duty,  shall  be  remitted  for  the  j-ear  he  shall 
perform  such  duty  ;  and  said  tax  assessed  upon  any  mariner  for  any  year 
while  he  is  at  sea,  or  upon  any  person  who  by  reason  of  extreme  poverty 
is  unable  to  pay  said  tax,  shall  upon  application  of  such  mariner  or  person 
be  remitted.  The  general  assembly  shall  have  power  to  provide  by  law  for 
the  collection  and  remission  of  said  tax. 

Sec.  3.  This  amendment  shall  take  in  the  constitution  of  the  state,  the 
place  of  sections  2  and  3  of  article  II,  "  Of  the  qualification  of  electors," 
which  said  sections  are  hereby  annulled. 

Adopted  June  20,   1889. 

ARTICLE   VIII. 

Article  V.  of  the  amendments  to  the  constitution  of  this  state  is  hereby 
annulled. 

Adopted  November  8,  1892. 

ARTICLE    IX. 

Section  i.  Hereafter  the  general  assembly  may  jM'ovide  by  general  law 
for  the  creation  and   control   of  corporations :    Provided,  liowever,  that  no  cor- 


APPENDIX     D.  389 

poration  shall  be  created  with  the  power  to  exercise  the  right  of  eminent 
domain,  or  to  acquire  franchises  in  the  streets  and  highways  of  towns  and 
cities,  except  by  special  act  of  the  general  assembly  upon  a  i)etition  for  the 
same,  the  pendency  whereof  shall  be  notified  as  may  be  required  by  law. 

Sec.  2.  This  amendment  shall  take  in  the  constitution  of  the  state  the 
place  of  section  17  of  article  IV.,  "Of  the  legislative  power,"  and  shall  be 
deemed  to  be  in  amendment  of  said  section  and  article. 

Adoptkd  November  28,  1S93. 
ARTICLE   X. 

Section  i.  In  all  elections  held  by  the  people  for  state,  city,  town,  ward 
or  district  officers,  the  person  or  candidate  receiving  the  largest  number  of 
votes  cast  shall  be  declared  elected. 

Sec.  2.  This  amendment  shall  take  in  the  constitution  of  the  state  the 
place  of  section  10  of  article  VIII,  "  Of  elections,"  which  said  section  is 
hereby  annulled. 


APPENDIX    E. 


THE    DORRIAD. 


T 


THE    ATTACK    ON    THE    ARSENAL; 

H'  impatient  chief  looked  on  with  ire, 
Blanched  was  his  cheek,  but  tenfold  fire 

Was  flashing  in  his  eye. 
He  threw  his  martial  cloak  aside, 
And,  waddling  up — ^he  meant  to  stride  — 
"Give  me  the  torch,"  with  fury  cried, 

"  And,  d it,  let  me  try  ! " 

He  seized  the  match  with  eager  hand. 
While  backward  his  brave  soldiers  stand ; 
Three  times  he  waved  it  in  the  air. 
The  cursed  Algerines  to  scare. 
And  bid  them  all  for  death  prepare ; 
Then  down  the  glowing  match -rope  thrust, 
As  though  he'd  have  the  cannon  burst. 
Had  they  not  put  the  ball  iti  Jirst, 
It  very  likely  would. 

But,  hark!  what  sounds  astound  the  ear? 
Why  turns  each  hero  pale  with  fear? 
What  blanches  every  lip  with  fright? 
What  makes  each  "General"  look  so  white? 
And  e'en  the  Governor  looks  not  quite 
As  easy  as  a  Governor  might. 

The  mingled  toll  of  twenty  bells. 

The  solemn  note  of  warning  tells; 

And  through  the  ranks  the  word  has  past, 


*  Hy  Henry  15    Anthony.      Providence  Journal.  Jan.  7  and  13,  1843  ;    May  22,  1892.      S.  S.  Kider 
&  Brother,  1870. 


AI'PKNDIX     K.  891 

"The  Ai.GKKiNKS  have  come  at  last! 

They're  turning  out  in  every  street, 

Their  tyrant  swords  we  soon  sliall  meet. 

Already  in  the  torches'  glare, 

Their  bayonets  gleam  in  Markkt  vSguARK. 

Wkybosskt  trembles  'neath  their  tread. 

Thro'  Wkstmixster  their  ranks  are  spread; 

And  all  South  Main  and  Benkkit, 

With  spears  and  flashing  swords  are  lit. 

The  Infantry  are  on  the  route, 

The  National  Cadets  are  out, 

And  those  all -fired  Marines,  about 

Two  hundred  men,  all  tall  and  stout. 

Nor  Providence  alone  is  stirred  — 

Far  down  the  Bay  the  news  is  heard. 

Greenwich  hath  sounded  the  alarms ; 

Newport  and  Bristol  are  in  arms. 

The  Kentish  Guards,  that  know  not  fear, 

And  half  of  Warren's  half  way  here. 

From  Papoose  -  Squaw  the  platoons  pour. 

From  NoosENECK  Hill,  from  Sauket's  Shore. 

From  MoxTHAUP's  grassy  side. 
And  if  we  linger  here  till  light, 
From  Alum  Pond  to  Kingston  Height, 

Will  pour  one  living  tide. 
Down  IvOUISQUIsett's  stony  steeps. 
Where  dark  Moshassuck  slowly  creeps, 

The  note  of  warning  peals ; 
From  swift  Pawtuxet's  farthest  floods. 
And  next  we'll  know,  all  Helburn  Woods 
Will  be  upon  our  heels." 

Enough  was  said,  enough  was  heard. 
They  needed  not  another  word. 
Away,  like  frightened  sheep,  they  ran. 
And  save  himself,  they  cried,  who  can. 
Foremost  to  start,  swiftest  to  run, 
Was  the  brave  band  of  Buffington. 
Their  gallant  leader  was  not  there ; 
Saltpetre  he  could  never  bear. 


392  THE     DORR     WAR. 

While  all  was  safe,  there  was  not  one 
More  fiercel}-  brave  than  Buffington. 
No  other  Captain  talked  so  loud, 
No  other  Captain  stepped  so  proud ; 
And  had  you  seen  him  at  the  head 
Of  his  bold  volunteers,  you'd  said 
That  if  the  State  withstood  his  arms, 

At  least  the  /ie?i  -  roosts  stood  no  chance ; 
What  could  the  yeomen  from  their  farms, 

When  such  a  knight  took  up  his  lance? 
But  when  he  heard  the  firelock  click, 
He  suddenly  was  taken  sick ; 
And  when  he  found  with  grape  they'd  loaded. 
His  valor  all  at  once  exploded. 

As  pauses  in  the  upper  air 

The  carrier  pigeon,  just  let  fly, 
And  circling  for  a  moment  there, 

Starts  home  with  never  -  erring  eye. 
So  DisPEAu  paused ;  but  not  in  doubt 

If  he  should  run  or  he  should  stay; 
But  only  paused  till  he  found  out 

The  quickest  and  the  shortest  way. 
Then,  straight  as  ever  pigeon  darted. 
He  turned,  and  for  his  home  he  started, 
Down  the  steep  hill  rolled  like  a  bucket. 
Nor  stopped  until  he  reached  Pawtucket. 
His  men  had  sworn  not  to  desert 

Their  gallant  leader,  come  what  might. 
And  when  they  saw  how  he  "  cut  dirt," 

True  to  their  oath,  they  joined  the  flight. 

Like  hunted  deer  the)'  flew 
O'er  Christian  Hill,  down  Broadway's  height 

And  Atwell's  Avenue. 
If  some  few  chanced  to  lag  behind, 
The  fault  was  in  their  legs  and  wind. 

When  the  "  Invincibles"  turned  tail. 
The  other  corps  began  to  quail. 
And  looked  which  way  to  fly. 


Al'PKNDIX     K.  -VJ'i 


The  "Harmonious  Rkptii<i>;s"  turned  about, 
The  "  Pascoa(;  Ri pouts  "  joined  the  rout, 
With  Glocester's  chosen  chivalry. 
Up  looked  the  "Johnston  SAVAciKS," 
(For  they  had  thrown  u]X)n  the  ground 
Their  carcasses  at  the  first  sound 

Of  "fire,"  and  shut  up  both  their  eyes.) 
Some  on  all  fours  and  some  u])right, 
They  joined  in  the  disastrous  flight. 

Of  all  the  leaders  who  went  forth 

To  court  the  dangers  of  tliat  night, 
Carter  alone  and  Horace  Pearce 

Remained  until  the  morning  light. 
But  where,  you'll  ask,  was  Parmenter? 

And  where  was  Burrington? 
From  honor's  post  did  Bailey  stir? 

Did  John  S.  Harris  run? 
Where  was  the  eloquent  John  A.  ? 
Where  was  the  mighty  Dutee  J.  ? 
And  say,  did  Levi  run  away? 

Vain  questions  !  seek  not,  Algerine, 

The  motives  of  such  men  to  scan. 
Know  that  great  patriots  seldom  mean 

To  share  the  dangers  that  they  plan. 
Enough  for  them  to  point  the  way 
And  leave  the  rest  to  meaner  clay. 
These  men,  in  the  beginning,  saw 
They  were  for  council,  not  for  7var. 
They  kept  within  their  proper  sphere, 
And  never  went  to  danger  near 

Enough  to  run  away. 
Too  well  they  loved  the  people  dear, 
Not  to  regard  their  servants'  fate. 
They  saved  themselves  to  save  the  State, 

And  kept  out  of  the  fray. 
Yet  doubt  not  that  they  were  as  bold. 
As  those  whose  warlike  deeds  Fve  told. 
And  had  they  been  as  frightened,  would 

Have  run  as  fast  as  they. 


394  THE     DORR     WAR. 

Far  from  this  scene  of  fearful  strife, 
The  Doctor  passed  his  quiet  life. 
For  though  the  Algerines  he  spurned, 
For  though  with  patriot  fire  he  burned, 

And  in  the  battle,  to  be  won. 
He  longed  to  take  the  foremost  part, 
Yet  ill,  he  knew,  the  healing  art 

Could  spare  her  favorite  son. 
Around  his  brow  the  laurel  green 

Was  tainted  by  no  battle  breath, 
He  never  harmed  an  Algerine, 

Unless  he  physicked  him  to  death. 
Peaceful  the  triumphs  of  his  name. 
And  beer  and  hot  drops  all  his  fame ! 

Anxious  the  Doctor  spent  that  night, 

And  anxious  spent  the  day. 
For  well  he  knew  the  hour  of  fight 

Had  come  and  passed  away. 
But  if  the  "people"  in  their  might, 

Had  risen  from  the  fray, 
Or  scattered,  in  inglorious  flight, 

They  crushed  and  broken  lay. 
He  knew  not,  and  his  manly  heart 
Longed  in  their  fate  to  bear  a  part. 

Whatever  it  might  be, 
Whether  their  triumph  he  should  sing, 

Or  their  defeat  bewail. 
While  thus  he  stood,  a  man  rushed  in, 
Fresh  from  the  battle's  dust  and  din, 
"News  from  the  'people's'  cause  I  bring, 

This  paper  tells  the  tale." 
A  light  on  John  A.'s  visage  sped; 
He  snatched  the  paper,  but  he  read 

Defeat  instead  of  victory. 
Trembling  with  fear,  despair  and  rage. 
He  shook  aloft  the  damp  New  Age, 

And  shouted  Sover/wnity. 
Run,  DisPEAu,  run;  down.  Governor,  down. 
Were  the  last  words  of  Doctor  Brown, 


AI'l'KNDIX     K.  olJo 


THE    CHEPACIIKT    CAMPAKiN. 

THERE'S  gathering  on  RIkkIl-  Island's  sliore; 
There's  mustering  on  each  hill  ; 
From  every  plain  her  j-eomen  pour ; 

Spears  every  valley  fill. 
The  people,  rousing  in  their  might, 
Are  armed  for  vengeance  and  for  fight ; 
And  woe  unto  the  Algerine, 
Whose  luckless  neck  may  stand  between 
The  people  and  their  right. 

On  Diamond  Hill  the  beacon -light 

Is  blazing  fierce  and  high ; 
The  answering  flame  on  Acote's  height 

Is  flashing  to  the  sky. 
O'er  Chepi- Chuck  the  banners  flout 

And  rings  the  warning  cry  ; 
And  hark  !  the  signal  -  gun  speaks  out 

From  Holmes's  Brewery. 

From  Chipinoxet  Point  they  throng. 
From  Quidnick  Pond  they  pour  along, 

From  Petaquamscut's  stream ; 
From  fair  Woonasquatucket's  banks ; 
From  Devil's  Foot,  the  patriot  ranks 

With  swords  and  bayonets  gleam. 

In  Baker's  Hollow,  see,  the\'  meet, — 
They're  thronging  fast  in  Federal  street, 
And  Shingle  Bridge  and  Scrabbletown, 
Beneath  their  weight  are  breaking  down. 

From  Yawgoo  Pond,  from  Rice's  Mill, 

From  Mishnick  Swamp,  from  Shannock  Hill, 

From  Nipmuck's  quarried  height. 
From  broad  Quidneset's  plain  thej-  start. 
All  swift  of  limb,  and  true  of  heart, 

All  eager  for  the  fight. 


396  THE     DORR     WAR. 


And  from  those  regions  dark  and  hilly, 
In  Glocester  and  "  Burrillvilly," 
Where  old  romance  her  charms  hath  thrown, 
And  wonder  claims  the  land  her  owai ; 
Where  savage  tribes  are  said  to  roam, 
And  savage  beasts  still  keep  their  home ; 
Where,  startling  up  from  rock  and  glen, 

Fierce  cannibals  their  faces  show. 
And  ''  Anthropphagi,  and  men 

Whose  heads  beneath  their  shoulders  grow." 

For  now  the  martial  Governor  Dorr 
Hath  buckled  on  that  sword  for  war. 
And  swears  he  is  determined  for 

The  Algerines  to  rout. 
With  him  D'Wolf  and  Potter  stand. 
And  Charley  Newell  draws  his  band. 

And  General  Sprague  so  stout. 

Brave  Elder  Bullet  takes  the  field, 
And  many  a  heart  untaught  to  jdeld, 

Beats  eager  for  the  fray ;  — 
His  war -steed  Sheldon  mounts  upon, 
The  "tricksy  Ariel  "  urges  on. 

And  Slocum  points  the  way. 

Foremost  in  courage  and  in  skill, 
With  laurels  won  on  Federal  Hill, 
The  Woonsocket  Light  Infantry 
Press  on  for  Dorr  and  victory. 
Each  .soldier  true,  to  fear  a  stranger. 
Or  "fearing  nothing  except  danger." 

But  not  alone  on  native  ranks 

Did  freedom's  sacred  cause  recline ; 

The  cry  of  "  Beauty  and  the  Banks," 
Aroused  the  patriots  o'er  the  line; 

Connecticut  her  heroes  sent ; 

New  York  her  fiercest  warriors  lent  ; 

With  eloquence  the  Five  Points  rung; 


APPENDIX     E.  397 

The  Pewter  Mug  delighted  hung 

On  Slamm's  appeals,  on  Hopkins'  tongue. 

Mike  Walsh,  with  twenty  Spartans  true, 
To  Governor  Dorr's  assistance  flew, 
And  patriotic  gifts  were  made. 
The  cause  of  freedom's  hope  to  aid. 
What  Allen  gave,  beyond  my  reach  is; 
But  Vanderpool  gave  —  several  speeches! 
Two  virtues,  in  old  Sparta's  code, 
With  most  conspicuous  lustre  glowed. 
Courage  in  war,  thieving  in  peace, 
Such  were  the  glories  of  old  Greece. 
If  Michael's  Spartans  did  not  quite 
Their  Grecian  namesakes  match  in  fight, 
In  courage,  and  in  lofty  feeling. 
They  more  than  made  it  up  in  stealing. 
And  well  thy  barn -yards,  Foster,  and 

Full  well  thy  hen-roosts,  Glos'ter,  know 
The  prowess  of  the  Spartan  Band, 

The  weight,  the  force  of  Michael's  blow. 

Cleveland,  Connecticut's  great  chief. 
Promised  assistance  and  relief ; 

And  Morton  pledged  his  name, 
Should  Heaven  and  clams  give  him  the  power, 
The  suffrage  folks  might,  in  that  hour. 

Old  Massachusetts  claim. 

And  Hubbard,  mightiest  of  the  host. 
New  Hampshire's  Solon  and  her  boast, 
By  his  great  ancestress  had  sworn  — 

(That  Old  Mother  Hubbard, 

Who  went  to  the  cupboard 

To  get  her  poor  dog  a  bone,) 
The  suffrage  banner  should  be  borne, 
His  granite  hills  upon. 

Ne'er  men  so  true  in  cause  so  good. 
As  those  on  Acote's  height,  that  stood 
Burning  with  patriot  rage. 


398  THE     DORR     WAR. 

Ill  would  it  suit  my  humble  verse, 
Their  many  virtues  to  rehearse. 
Rather  to  Charlestown's  records  go, 
Rather  let  Moyamensing  show, 

And  Auburn's  glowing  page, 
Rather  let  Blackwell's  Island  tell 
The  story  that  it  knows  full  well. 
How  budded  'neath  its  tender  care. 
The  flowers  that  cast  their  fruitage  there. 

The  Governor  saw  with  conscious  pride, 
The  men  who  gathered  at  his  side ; 
That  bloody  sword  aloft  he  drew. 

And  "  list  my  trusty  men,"  he  cried  — 
".  Here  do  I  swear  to  stand  by  you, 

As  long  as  flows  life's  crimson  tide;  — 
Nor  will  I  ever  yield,  until 
I  leave  my  bones  upon  this  hill." 

His  men  received  the  gallant  boast 

With  shouts  that  shook  the  rocks  around. 

But  hark,  a  voice!  old  Acote's  ghost 

Calls  out,  in  anger,  from  the  ground, 

"If  here  your  bones  you  mean  to  lay, 

Then  d n  it,  I'll  take  mine  away." 

Not  mine  to  sing  that  dreadful  night. 
When,  scattered  in  disastrous  flight. 

The  patriot  forces  left  the  height ; 
Not  mine  to  sing  that  dreadful  day. 
When  all  the  "  people  "  ran  away, 
And  left  the  Algerines  full  sway. 

To  plunder  as  they  might ; 
Nor  mine,  to  sing  in  mournful  tunes. 
That  "cooking  stove,"  "them  silver  spoons," 

Sad  trophies  of  the  fight. 

Some  future  poet  yet  shall  stand, 

And  high  the  vengeful  strain  shall  lift ; 
Shall  sing  the  horrors  of  that  band, 


APPENDIX     F.  899 


Which,  seized  with  sacrilegious  hand, 

"Them  lasting  garters,"  Rispy  Tift. 
Tremble,  ye  Algerines:   the  hour 
Is  hastening,  when,  with  sovereign  power. 
The  people  shall  their  rights  demand. 
And  rise  in  vengeance  through  the  land. 

Morton,  with  twice  ten  thousand  men 
For  Governor  Dorr,  shall  cross  the  line ; 
Dispeau's  broad  banner  shall  again 
O'er  serried  ranks  of  thousands  shine; 
The  exiles  shall  their  footsteps  turn 
Where  freedom's  hopes  forever  burn. 
On  Acote's  height,  o'er  Dexter's  Plain, 
Freedom's  wild  shout  shall  burst  again, 
And  franchised  freemen  join  the  cry, 
For  beauty,  banks  and  liberty. 
Brown,  shall  his  snow-white  charger  mount, 
Spencer,  "undaunted,"  thousands  count; 
And  if  Wales  finds  that  Paixhan  Gim, 
The  cause  is  safe,  the  State  is  won ! 


APPENDIX    F. 


BIBLIOGRAPHY. 


The  following  list  of  books,  pamphlets,  magazines,  and  newspapers  contains 
nearly  all  the  material  bearing  upon  the  subject  of  this  monograph.  Burke's 
Report  and  the  current  newspapers  furnished  the  great  mass  of  facts  for 
the  story.  The  proceedings  of  Congress  and  of  the  Rhode  Island  General 
Assembly  have  been  of  value,  as  well  as  a  few  of  the  pamphlets.  It  should 
be  remembered,  however,  that  partisanship  lay  at  the  bottom  of  every  pub- 
lication, and  that  no  statement  made  in  any  of  the  books  or  periodicals  can 
be  accepted  without  due  precaution.  The  contest  was  remarkably  bitter,  and 
there  were  absolutely  no  unprejudiced  observers.  The  secondary  material 
furni.shed  by  magazine  and  general  histories  is  in  general  not  ba.sed  on  a 
careful  examination  of  sources. 

SECONDARY   MATERIAL. 

■^Arnold,  Samuel  G. —  History  of  the  State  of  Rhode  Isla^td  and  Providence  Plan- 

tatio7is.    2  Vols.,  New  York,  1858-60. 
I.'  Bancroft.  George. — History  of  the  United  States.    loth  Ed.,  Vol.  II.  Boston,  1888. 

Congdon,  Charles  T. —  Remi7iiscences  of  a  Journalist.     Boston,   1880. 
v/ Cooley,  Thomas  M. —  Coyistitutional  Limitations   upon   the   Legislative  Pozvers   of 

the  States.      Bo.ston,  1868. 


AFPKNDIX     F.  401 

Durfee,  Thomas.—  Gkanbigs  from  the  Judicial  History  of  Rhode  Islajid  ( Rhode 
Island  Historical  Tracts).     Providence,  1883. 

Elliot,  Jonathan. —  Debates.     Philadelphia.     5  Vols, 
•frieze,   Jacob.— ^    Concise   History   of  the    Efforts    to    Obtain    an    Extension    of 
Suffrage,  181 1-  4.2.    Providence,  1882. 

Goodell,  William. —  The  Rights  atid  JVrofigs  of  Rhode  /stand.     Oneida  Institute. 

Greene,  G.  W. —  A  Short  History  of  Rhode  /stand.     Providence,  1877. 

Greene,  W.  A.  and  others. —  The  Providence  Playitations  for  250    Years.     Provi- 
dence, 1886. 

Jameson,  John  A. —  The  Constifntional  Co?ivention  ;  its  History,  Po7vers,  a?id  Modes 
of  Proceeding.     New  York,  1867. 

Kettell,  Samuel. — Daw's  Doiyigs,  or  The  History  of  the  Late  War  in  the  Planta- 
tions.    By  Sampson  Short -and-  Fat.     Boston,  1842. 

King,  Daniel. — Eife  of  T.  W.  Dorr.     Bo.ston,  1859. 

Perry,  Eliz.  A. — History  of  the   Town  of  Glocester.     Providence,  1886. 

Poore,  B.  P. —  Charters  and  Constitzdions .     2  Vols.,  Washington. 

Rawle,  William. — A    Vieiv  of  the  Co7istittitio7i  of  the  United  States.     1825. 

Rhode  Island. —  Colo7iial  Records.     10  Vols.,  Providence,  1856-1865. 

Rhode  Island. — Manual,  1896-97.     Providence,  1897. 

Richardson,  Erastus. — History  of  Woo7isocket.     Woonsocket,  1876. 

Sergeant,  Thomas. —  Constitiitional  Lazv.      1822. 

Staples,  W.  R. — Rhode  /stand  in  the  Continental  Congress.     Providence,  1870. 

Story,  Joseph. —  Com77ientaries  07i  the  Co7istitutio7i  of  the   U7iited  States.      Boston. 
"^ Tyler,  Lyon  G. — Letters  and  Times  of  the   Tylers.     3  Vols.,  1897. 

Wharton,  Francis. — A    Treatise  on  Cri7ni7ial  Law.     3  Vols.,  Philadelphia,  1871. 

Wilson,  Bird. —  Works  of  James    Wilso7i.     Philadelphia,  1803-4.     3  Vols. 

GENERAL    MATERIAL. 

Adams,  John  Quincy. —  The  Social  Compact.     (Pam.)     Providence,   1842. 

Address  of  the  De77iocratic  Me77ibers  of  the  /legislature  of  Massachusetts  to  their 
Co7istitue7its  a7id  the  People  of  the  Co77i/no7ni'ealth,  zvitJi  a  History  of  tlie  Pro- 
ceedi7igs  of  the  I^ate  Sessio7i,  iS^j.     (Pam.)      Boston,   1843. 

Address  to  the  Free77ie7i  of  Rhode  Island.     By  "  A  Republica7i  Far7ner.''     (Pam.) 


402  THE     DORR     WAR. 

Address   to   the   People   of  Rhode   Island.       From    the    Convention,    March    12, 

1834.     (Pam.)     Providence,  1834. 
Anthon}',    H.   B. —  Defense  of  Rhode  Islayid,   her  histitutions ,   ayid  her  Right   to 

her  Representatives  in   Congress.      (Pam.)      Washington,  1881. 
Anthony,  H.   B.   (Ed.) — The  Dorriad.      (Poem.)      Providence,   1870. 
Anthony,    H.    B.    (Ed.) —  The     Great   Sloeufn    Dimier.       (Poem.)      Providence, 

1870. 
Aristides  (Pseud.) — Political  Frauds  Exposed,  i8j6-j8.      (Pam.) 
Arnold,  Lemuel  H. —  Reply  to  John    Whipple.      (Pam.)      Providence,  1845. 
[Bolles,  John  A.] — "  The  Affairs  of  Rhode  Island.'^     A  Reviezv  of  Pres.  PVayland's 

Addf-ess.     (Pam.)      Providence,   1842. 
Bowen,  Francis. —  The  Recent  Contest  in  Rhode  Island.     (Pam.)     Boston,  1844. 
Bradley,  Charles  S. — Method  of  Changing  Co7istitutio7is .    (Pam.)    Boston,  1885. 
Burges,  Tristam. — Address  of  a  Partner.      (Pam.) 
Circular  to  the  People.— Issn&d  March,    1842.     (Broadside.) 
Cleaveland,    C.    F.    and    others. — Letters    to    Governor    King.       (Pam.)       Fall 

River,    1842. 
Co7is piracy   to    Defeat   the    Liberation    of    Governor   Dorr — or   the   Hunkers   and 

Algerines  Idoitified  a?id  their  Policy   Unveiled.      (Pam.)      New  York,  1845. 
Cowell,  Benjamin. — Letter  to  Sa77iuel  IV.  King,  May,  184.2.      (Pam.)       Provi- 
dence,  1842. 
Curtis,  George  Ticknor. — Merits  of  T.  W.  Dorr  and  George  Bayicroft  as  They  are 

Politically  Connected.     (Pam.)      Boston,    1844. 
Davis,  Thomas. — Rhode  Island  Politics  and  Joiirnalisrn.       (Pam.)       Providence, 

1866. 
-Dorr,   T.   W. —  The  Right  of  the  People  of  Rhode  Island  to  Form  a  Co7istit2itio7i. 

"  The  Nine  Lawyers''  Opitiion.'"      (Appended  to  Rider,  S.  S. — Bibliographical 

Memoirs  of  three  Rhode  Island  A2dhors.     Providence,  1880.) 
Durfee,  Thomas.— .S't'w*?   Thoughts  on  the  Constitution  of  Rhode  Isldrid.     (Pam.) 

Providence,   1884. 
Eventful  Day  in   the  Rhode   Island  Rebellion.     By   "A   Looker  On.''       (Poem.) 

Providence,   1842. 
/''acts  for  the  People.     (Pam.)     Providence,   1842. 
Juyur  Traitors,  The.     (Broadside.)      1845. 


APPENDIX     F.  4  Go 

Goddard,  William  G. — Address  to  the  People  of  Rhode  Island,  May  j,  /.S'/j. 
(Pam.)     Providence,   1843. 

Goddard,  William  G. — Letter  to  James  1\  Simmons,  April  i,  i<S/j.     (  Pam.) 

Hallett,    Benjamin    F. — Argument    before    the    Supreme    Court,   January,    iSfS. 
Right   of  the   People   to    Establish    harms    of   Government.       (Pam.)       Hos- 
ton,    1848. 
><Hazard,  Benjamin. — Report  on  the  Extension  of  Suffrage.      1.829.      (Pam.) 

Ho7v  the  People's  Constitution  was  made  for  Rhode  Island  icithout  the  Aid  of 
the  Laiv  or  the  Legislature.      1841.      (Pam.)> 

Jmportant  Resohitions  S^ippressed.     March  29,   1845.     (Broadside.) 

Jewett,  C.  C. —  The  Close  of  the  Late  /Rebellion.     (Pam.)     Providence,    1S42. 

Knight,  N.  R.  and  others. — Address  to  the  People  of  the  United  States.  1844. 
(Pam.) 

Pett,  Edward  W. — Sermon  Preached  July  21,18^2.     (Pam.)     Providence,    1842. 

Pitman,  John. — Reply  to  Marcus  Morton.     (Pam.)      Bo.ston,    1842. 

Pitman,  Joseph  H. — Report  of  the  Trial  of  T.  W.  Dorr  for  Treason.  (Pam.) 
Boston,   1844. 

Potter,  E.  R. — Consideratio7is  on  the  Rhode  Isla?id  Questions.  (Pam.)  Bos- 
ton, 1842. 

Potter,  E.  R. — Speech  o?i  the  Memorial  of  the  Democratic  Members  of  the  Rhode 
Island  General  Assembly.     (Pam.)      Wa.shington,   1844. 

Randall,  Dexter. —  Democracy  Vindicated  and  Dorrism  Unveiled.  (Pam.) 
Providence,   1846. 

Review  of  the  Proceedings  in  the  Massachusetts  Legislature,  for  /<?/?,  r.v'///  an 
Appeal  to  the  People  Against  the  Violent  Course  of  the  Majority,  by  the 
Whig  Miyiority.      (Pam.)      Boston,    1843. 

Rhode  Island. — Acts  and  Resolves.      1 841-1854. 

Rhode  Island. — Acts  and  Resolves. — Digest  of  1730. 

Rhode  Island. — Acts  and  Resolves. — Digest  of  1752. 

Rhode  Island. — Acts  and  Resolves. — Digest  of   1798. 

Rhode  Island. —  Constitutional  Co?iventio7i,  18-/.2,  Journal  of  .     Providence,  1859. 

Rhode  Island. — House  Journals,  1841-1843.      (Mss.) 

Sawyer,  F. — Facts  hivolved  in  the  Rhode  Island  Controversy.  (Pam.)  Prov- 
idence,  1842. 


404  THE     DORR     WAR. 

Sheffield,   W.   P. — Mode  of  Altering    the    Constitution.      Reply  to    C.  S.  Bradley 

a?id  Abraham  Pay?ie.     (Pam.)     Newport,   1887. 
Social  Reform  Society. — Address  to  the  Citizens  of  Rhode  Isla?id,   Who  are  Denied 
the  Right  of  Suffrage.      (Pam.)      1840. 
^^iiffrage  Association,   Rhode    Island. —  Constitution    of.       (Pam.)       Providence, 
1840. 
Tucker,    Mark. — Discourse   Preached  on    TImnksgiving    Day.       (Pam.)       Provi- 
dence,  1842. 
'^'Turner,  George. — Case  of  T.  W.  Dorr  Explained.     (Pam.)      1845. 
'Turner,   George. — Report  of  the    Trial  of  T.    W.   Dorr  for   Treason.      (Pam.) 
Providence,   1844. 
\^  United  States. —  Congressioyial  Globe,  II  Session,  27th  Cong.,  Vol.  IX. 
Congressional  Globe,  I  Session,  28th  Cong.,  Vol.  XIII. 
Congressio7ial  Globe,  II  Session,  28th  Cong.,  Vol.  XIV. 
House  Doc2iments,  I  Session,  28th  Cong.,  Vol.  V. 
House  Journal,  I  Session,  28th  Cong. 
House  Journal,  II  Session,  28th  Cong. 
House  Reports,  I  Session,  23th  Cong.,  No.  581,  called  Causin's 

Report. 
House  Reports,  I  Session,  28tli  Cong.,  No.  546,  called  Burke's 

Report. 
Senate  Documents,  II  Session,  27tli  Cong.,  Vol.  IV. 
Senate  Docume7its,  II  Session,  28th  Cong.,  Vol.  II. 
Senate  Journal,  I  Session,  23d  Cong. 
Senate  Journal,  II  Session,  27th  Cong. 
Senate  Journal,  I  Session,  28th  Cong. 
Senate  Journal,  II  Session,  28th  Cong. 
Vinton,   Francis. — ''Loyalty  arid  Piety,'"    a   Discourse  preached  Jtdy  21st,   18^2. 

(Pam.)     Providence,  1842. 
Wayland,  Francis. —  The  Affairs  of  Rhode  Island.      (Pam.)      Providence,  1842. 
Wayland,  Francis. — Discourse  Delivered  071  July  2is(,  18^2.       (Pam.)       Provi- 
dence, 1842. 
Whipple,  John    and    Webster,    Daniel. — Argurncnfs    before    the    Sjiprerne    Court, 
January,  184.8.     (Pam  )     Providence,  1848. 


APPENDIX     K.  405 

Whipple,  John. — Address  on  the  Approachhi^  Election,  March  22d,  1^43.     (Pam.) 

Providence,  1843. 
[Whipple,  Frances  H.] — Mt'g/if  and  Ki\rhf^  By  a  Rhode  Islander.    Providence,  1844. 
Young,    Durham. — Scourge    No.    /.      Address    to    the    Whigs    of  Rhode    Island, 

with  Political  Portraits.     (Pam.)      1842. 

PERIODICALS    AND    NKWSPAI'KKS. 

The  American,  V,  391.     H.  W.  Jenkins — The  Rhode  Island  vSuffrage. 
Brownson's  Quarterly  Revieiv,  I,  532 — Review  of  "Might  and   Right." 
Democratic  Magazine,  XXII,   193. — The  Rhode  Island  Question  —  vSovereignty 

of  the  People. 
^Democratic  Review,  X,  602. — The  Rhode  Island  Affair. 
De?nocratic  Review,  XI,  70. — The  Rhode  Island  Question. 
Democratic  Review,  XI,  201. — -T.  W.  Dorr. 
^Democratic  Review,  XV,  122. —  Rhode  Island  —  Its  Rightful  Governor  and  Un- 
righteous Government. 
Historical  Magazine,  II,  290. — The  Rhode  Island  Question. 
Narragaiisett   Historical  Register,   VI,    145.      Elisha    Dyer — Reminiscences    of 

Rhode  Island  in   1842,  as  connected  with  the  Dorr  Rebellion. 
Narragansett  Historical  Register,  VII,  25.     Swan,  J.  C. —  Newport  Artillery  in 

1842. 
Narragansett  ^Historical  Register,  VII,  201. —  Newport  in  1842  —  Editorials  from 

Newport  Newspapers. 
Narragansett  Historical  Register,  VII,  208. —  History  Makers  —  An  Answer  to 

General  Dyer's  Article. 
Narragansett  Historical  Register,    VIII,    305.      Noah    J.    Arnold — History    of 

Suffrage  in  Rhode  Island. 
^New  Englander,  I,  85. — The  War  in  Rhode  Island. 
New  Eyigland  Magazine,  II,  389.     C.  H.  Payne  —  The  Great  Dorr  War. 
Newport  Historical  Magazine,  I -IV. —  Notes. 

New  Princeton  Review,  IV,  213.     W.  L,.  Gifford  —  Dorr  Rebellion. 
y-North  Americayi  Review,  EVIII,  371.     Francis  Bowen  —  Dorr  Rebellion. 
North  America?i  Revieiv,  CXLII,  332.     Abraham  Payne  and  W.  F.  Sheffield  — 

Constitutional  Reform  in  Rhode  Island. 


406  THE     DORR     WAR. 

Providence  Evening  Chronicle,  1842. 

Provide?ice  Maiiufacturers  ayid  Farmers  Joiirnal,  1820-30. 
Provide7ice  New  Age,  1840-42. 
Provideyice  Express,  1842. 
Providence  Gazette,  1821-24. 
Providence  Jotirnal,  1840-54. 
"^^hode  Island  Historical  Magazine,  V-VII. —  Notes. 
Book  Notes. — Notes. 


INDEX. 


Acote's  Hill,  fortified,  20S  ;  "stormed,"  215;  Dorr's  credulity  causes  the  fiasco 
at,  265. 

Algerine  Law,  passed,  133,  135;  origin  of  name,  134;  difficulties  in  enforcing, 
139;  repealed  by  People's  General  Assembly,  154;  misdemeanors  under, 
223,  239,  242,  244. 

Allen,  Alexander,  member  of  committee  of  twenty-five,  no. 

Allen,  Charles,  member  of  State  committee,  70. 

Allen,  Philip,  elected  Governor,  257,  258. 

Allen,  Samuel,  member  of  State  committee,  66. 

Allen,  Samuel  W.  K.,  296. 

Allen,  Stephen,  vice-president  Park  meeting,  170. 

Allen,  William,  submits  resolutions  to  United  States  Senate,  145 ;  criticises 
action  of  President  Tyler,  195-196;  resolutions  of,  268. 

Ames,  Samuel,  Quartermaster-General  of  State  armaments,  184. 

Anderson,  Henry  J.,  vice-president  Park  meeting,  170. 

Angell,  Joseph  K.,  member  of  committee  of  five,  38  ;  one  of  the  "  nine  lawyers," 
129. 

Anthony,  Burrington,  carries  resolutions  to  Washington,  160;  returns  to  Provi- 
dence, 161  ;  arrested  by  charter  government,  162;  makes  report  of  Wash- 
ington mission,  165;  his  house  Dorr's  headquarters,  176;  his  house  fortified, 
182;  announces  a  compi;omise,  191-193;  case  of,  231. 

Anthony,  J.  W.,  objects  to  further  hostile  movements,  220. 

Anthony,  Simeon,  member  of  committee  on  resolutions,  65. 

Archer,  William  S.,  votes  to  consider  Senator  Allen's  resolutions,  145. 

Arnold,  Augustus,  member  of  suffrage  printing  committee,  55. 

Arnold,  Benedict,  moderator  of  General  Assembly,  12. 

Arnold,  Benjamin,  presents  memorial  from  Providence,  35 ;  member  of  suffrage 
printing  committee,  55 ;  member  of  State  committee,  66 ;  secretar}'  of  State 
committee,  70;  member  of  suffrage  nominating  committee,  134;  arrested  b}' 
charter  government,  162;  presides  at  suffrage  meeting,  166;  case  of,  231. 

Arnold,  lycmuel  H.,  elected  Governor,  46;  member  of  Governor's  council,  148. 


408  THE     DORR     WAR. 

Arnold,  William  P.,  resigns  office,  163. 

Arsenal,  the,  attack  on,  184-188. 

Atwell,  Samuel  Y.,  gives  oration  on  "People's  Day,"  63;  introduces  franchise 
bill,  68;  doubts  legality  of  People's  Constitution,  118;  makes  motion  to  in- 
vestigate election  returns,  1 21-122;  one  of  the  "nine  lawyers,"  129;  intro- 
duces bill  to  submit  People's  Constitution  to  the  people,  132  ;  criticises  report 
to  General  Assembly,  133;  counsel  for  the  defense  in  Dorr  trial,  243;  plea 
of,  253 ;  trustee  of  R.  I.  Historical  Society,  263 ;  his  advice  to  suffragists, 
284;  motions  in  General  Assembly,  299. 

Bagl}^  Senator,  votes  to  consider  Senator  Allen's  resolution,  145. 

Baker,  David  S.,  member  constitutional  commission,  296. 

Ballou,  Ariel,  member  of  People's  Convention,  96;  member  of  committee  of 
twenty-five,  no. 

Ballou,  Nathaniel,  elected  Lieutenant-Governor,  136. 

Bancroft,  George,  praises  the  charter,  81 ;  encourages  Dorr,  266. 

Bankhead,  James,  commands  at  Fort  Adams,  201  ;  advises  the  sending  of  troops, 
212;  present  at  general  council,  216;  examination  of,  275. 

Bardin,  Nathan,  member  of  committee  of  twenty-five,  no;  member  of  suffrage 
nominating  committee,  134. 

Barker,  William  C,  member  of  committee  of  twenty-five,  no;  nominated  Lieu- 
tenant-Governor on  second  suffrage  ticket,  135. 

Bell,  Sanford,  objects  to  further  hostile  movements,  219. 

Benton,  Thomas  H.,  votes  to  consider  Senator  Allen's  resolution,  145  ;  encour- 
ages Dorr,  266. 

Berkeley,  Sir  William,  223. 

Blake,  Joseph  M.,  commissioner  for  examination  of  prisoners,  228;  counsel  for 
State  in  Dorr  trial,  243. 

Blodget,  Leonard,  commandant  of  arsenal,  184;  refuses  to  surrender  arsenal, 
186. 

Blodgett,  William  W.,  member  constitutional  commission,  296. 

Bolles,  John  A.,  25. 

Bonnefaux,  L.,  signs  call  for  Park  meeting,  170. 

Bonnel,  Hezekiah  W.,  vice-president  Park  meeting,  170. 

Borden,  Luther  M.,  case  of,  231-237. 

Bosworth,  Alfred,  commissioner  for  examination  of  prisoners,  228;  assistant 
counsel  for  the  vState  in  Dorr  trial,  243;  argument  of,  247. 

Bosworth,  Benjamin  M.,  member  of  State  committee,  66. 

Bowen,  Henry,  elected  vSecretary  of  State,  136;  affixes  seal  to  resolutions,  157; 
commissioner  for  examination  of  prisoners,  228. 


INDEX.  4  01) 

Bowie,  John  H.,  member  "corresponding  committee,"  170. 

Bowne,  Walter,  vice-president  Park  meeting?,  170. 

Bradhnrst,  John  M.,  vice-president  Park  meetinjj^,  170. 

Branch,  vStephen,  votes  for  PVeemen's  Constitntion,  123;  commissioner  for  ex- 
amination of  prisoners,  22S. 

Brayton,  George  A.,  associate  justice  in  Dorr  trial,  242. 

Brigham,  Samuel  W.,  262. 

Brown,  Daniel,  arrested  by  charter  government,  162;  objects  to  further  hostile 
movements,  229;  indicted  for  high  treason,  241. 

Brown,  Eli,  elected  State  Senator,  136. 

Brown,  James  A.,  vice-president  of  Election  Day  convention,  65  ;  member  of 
People's  Convention,  96;  goes  to  Washington,  144;  presents  bold  resolu- 
tions, 167;  lacks  foresight,  297. 

Brown,  John,  member  of  State  committee,  70. 

Brown,  John,  tried  for  treason,  251,  304. 

Brown,  Nathan  A.,  president  of  convention  of  1S34,  37;  member  of  committee  of 
twenty-five,  1 10. 

Brown,  William  W.,  captures  Acote's  Hill,  215. 

Brownell,  J.  Sherman,  signs  call  for  Park  meeting,  170. 

Bryant,  William  C,  signs  call  for  Park  meeting,  170. 

Bryson,  David,  vice-president  Park  meeting,  170. 

Buchanan,  James,  votes  to  consider  Senator  Allen's  resolution,  145;  presents 
proceedings  of  Philadelphia  meeting,  195. 

Burges,  Walter  S.,  elected  Representative,  95;  nominated  Attorney-General  on 
first  suffrage  ticket,  134;  nominated  Secretary  of  State  on  second  suffrage 
ticket,  135;  receives  letter  from  Dorr,  216;  objects  to  further  hostile  move- 
ments, 220;  counsel  for  defense  in  Dorr  trial,  243. 

Burgess,  Thomas  M.,  189,  216. 

Burke,  Edmund,  presents  memorial  to  House  of  Representatives,  274;  his  reso- 
lutions pass,  275  ;  his  report,  275-280;  his  report  a  campaign  document,  278. 

Burrill,  George  R.,  oration  of,  27. 

Burrill,  James,  27. 

Cahoone,  Stephen,  elected  General  Treasurer,  136. 

Calder,  Jesse,  member  of  suffrage  printing  committee,  55  ;  member  of  committee 

on  resolutions,  65. 
Calhoun,  John  C,  votes  to  consider  Senator  Allen's  resolutions,  145. 
Cambreleng,  C.  C,  president  of  Park  meeting,  170. 
Cambreleng,  S.,  signs  call  for  Park  meeting,  170. 


410  THE     DORR     WAR. 

Campbell,  Freeman,  vice-president  Park  meeting,  170. 

Campbell,  Erasmus  D.,  member  of  committee  of  twenty-five,  no. 

Carpenter,  Nathan  N.,  indicted  for  high  treason,  241. 

Carpenter,  Thomas  F.,  defeated  for  Governor,  46;  one  of  the  "nine  lawyers," 
129;  nominated  for  Governor  on  first  suffrage  ticket,  134;  defeated  for 
Governor,  136,  272,  273,  291 ;  trustee  of  R.  I.  Historical  Society,  263. 

Carr,  Robert  R.,  member  of  committee  of  twenty-five,  no;  objects  to  further 
hostile  movements,  219. 

Carrington,  Edward,  member  of  Governor's  council,  148. 

Carter,  C.  W.,  testimony  of,  184;  takes  charge  of  cannon,  186. 

Catron,  John,  232. 

Causin,  John  M.  S.,  member  of  select  House  committee,  274;  his  resolutions  de- 
feated, 275;  presents  minority  report,  276. 

Chace,  Benjamin,  elected  State  Senator,  136;  objects  to  further  hostile  move- 
ments, 219. 

Chace,  Oliver,  Jr.,  member  of  committee  of  twenty-five,  no. 

Chaffee,  Harvey,  objects  to  further  hostile  movements,  220. 

Channing,  Dr.  William  EHery,  quoted  by  upholders  of  the  charter,  86. 

Chappell,  Hiram,  testimony  of,  186. 

Charles  II.  grants  charter.  8,  10,  n,  223. 

Charter,  the,  granted  by  Charles  II,  8 ;  a  constitution,  9-24,  93 ;  ceases  to  be  the 
law,  292. 

Chepachet,  conditions  at,  207-208;  militia  ordered  to,  214-215;  Dorr  coaxed  to, 
265. 

Child,  John  T.,  issues  order  for  arrest  of  Martin  Luther,  231. 

Clarke,  John,  commissioned  to  obtain  charter,  n. 

Clarke,  John  H.,  elected  Representative,  95  ;  elected  delegate  to  Freemen's  Con- 
vention, 120. 

Cleveland,  C.  F.,  receives  letter  from  Dorr,  172;  refuses  to  honor  requisition, 
240;  interference  of,  303. 

Clifford,  Nathan,  counsel  in  case  of  Euther  vs.  Borden,  232. 

Collins,  Charles,  member  of  State  committee,  66. 

Colt,  Samuel  Pomroy,  member  of  constitutional  commis,sion,  296. 

Congdon,  Charles  T.,  opinion  on  vote  on  People's  Constitution,  n8. 

Connecticut  and  the  Dorr  War,  270. 

Constitution,  Freemen's,  convention  for,  59,  99-100,  123;  contrasted  with  Peo- 
ple's, 100-106;  vote  on,  n7;  opposition  of  suffragists  to,  124-126. 

Constitution,  People's,  convention  called  for,  70-71;  convention,  94-98;  con- 
trasted with  Freemen's,  100-106;  vote  on,  109-no;  declared  law  of  State, 
n2-n3;  brought  before  General  Assembly,  121-124;  bill  to  resubmit  it  to 
the  people,  132;  election  under,  135;  collapses,  163,  220-221. 


INDEX.  411 

Constitution  of  1842,  285-293. 

Constitution  of  1898,  294-296. 

Cook,  John  B.,  elected  State  Senator,  136. 

Cooley,  Franklin,  vice-president  of  Election  Day  convention,  65;  conversation 

with,  140. 
Cornell,  William  H.,  marshal  of  Dorr's  escort,  169. 
Cranston,  Henry  Y..  moves  to  refer  petitions  to  select  committee,  204;  demands 

free  discussion,  274;  speaks  on  Burke's  resolution,  275;  i)resents  protests, 

276;  chairman  constitutional  convention,  285. 
Crasto,  A.  G.,  vice-president  Park  meeting,  170. 
Crasto,  Abraham  J.,  corresponds  with  Dorr,  172-173. 
Currey,  Samuel,  140. 

Daniel,  Peter  V.,  232. 

Daniels,  David,  member  of  committee  of  five,  38 ;  member  of  committee  of 
twenty-five,  no;  one  of  the  "nine  lawyers,"  129;  presents  motion  for  a 
convention,  204;  objects  to  further  hostile  movements,  220. 

Davis,  Asa  W.,  member  of  suffrage  printing  committee,  55. 

Davis,  John,  honors  requisition,  239,  270. 

Devezac,  Auguste,  member  of  "corresponding  committee,"  170. 

DeWolf,  "  General  "  Henry,  orders  intrenchments  built,  189. 

Dillingham,  Elisha,  heads  petition  to  General  Assembly,  58. 

Dillingham  petition,  58,  59,  282,  299. 

Diman,  Byron,  member  of  Governor's  council,  148. 

Dispeau,  John  S.,  testimony  of,  186. 

Dixon,  Nathan  F.,  member  of  Governor's  council,  14S;  member  of  constitutional 
commission,  296. 

Dorr,  Thomas  W.,  report  of,  38-41;  candidate  for  Representative,  43;  criticises 
power  of  the  legislature,  79;  member  of  People's  Convention,  85,  96;  ad- 
dresses People's  Convention,  96-98;  member  of  committee  of  twenty-five, 
no;  explains  suffrage  vote  against  Freemen's  Constitution,  124;  one  of  the 
"nine  lawyers,"  129;  draws  up  "  Address  of  the  nine  lawyers."  130;  chair- 
man suffrage  nominating  committee,  134;  elected  Governor,  135:  acknowl- 
edged commander-in-chief  by  portion  of  State  militia,  152;  his  inaugural 
address,  153;  transmits  resolutions  to  Washington,  158;  goes  to  Washing- 
ton, 160;  warrant  issued  for  his  arrest,  162;  arrives  in  New  York,  167;  his 
reception  in  New  York,  169;  letters  to  Governor  Cleveland,  172;  corresponds 
with  Colonels  Wing  and  Crasto,  172-173;  returns  to  Rhode  Island,  174-175; 
his  "sword  address,"  176-178;  sends  guard  to  seize  cannon.  181:  at  the 
arsenal,  184-188;   escapes  from  Providence,  188;    his  movements  after  the 


412  THE     DORR     WAR. 

arsenal  failure,  198-200;  hastens  to  Chepachet,  207;  disbands  troops,  215; 
his  reasons  for  evacuating  Acote's  Hill,  217-221 ;  guilty  of  treason,  239;  in 
New  Hampshire,  240;  indicted  for  high  treason,  241;  trial  of,  242-254; 
sentenced  to  life  imprisonment,  254 ;  his  parents  petition  for  amnesty  act, 
255;  declines  to  take  oath  of  amnesty,  256;  set  free,  256;  restored  to  civil 
and  political  rights,  257-259;  his  death,  259;  his  character,  259-266;  treas- 
urer of  R.  I.  Historical  Society,  262 ;  letter  to  Governor  Fairfield,  268. 

Duff,  Henry  J.,  petition  of,  276. 

Durfee,  Job,  denies  validity  of  People's  Constitution,  129;  addresses  grand  jury, 
130-131 ;  chief  justice  in  the  Dorr  trial,  242-254;  gives  charge  to  the  jury, 
248;  sentences  Dorr  to  life  imprisonment,  254;  vice-president  of  R.  I.  His- 
torical Society,  262. 

Durfee,  Thomas,  member  of  constitutional  commission,  296. 

Dyer,  Elisha,  Jr.,  182. 

Eaton,  Levi  C,  one  of  the  "  nine  lawyers,"  129. 

Eddy,  Amasa,  Jr.,  elected  lyieutenant-Governor,  135. 

Edmonds,  J.  W.,  signs  call  for  Park  meeting,  170. 

Ellsworth,  Oliver,  discusses  treason,  249. 

Elmer,  Lucius  Q.  C,  277. 

Ennis,  William,  addresses  Election  Day  convention,  65. 

Eustis,  Abraham,  asked  to  investigate  war  preparations,  201. 

Fairfield,  John,  receives  letter  from  Dorr,  172 ;  his  message  to  the  legislature,  268. 
Fenner,  James,  elected  Governor,  31;    defeated  for  Governor,  45;    member  of 

Governor's  council,   148;    defeated   for   re-election,  256 ;    election,  272-273, 

277,  291. 
Francis,  John  Brown,  carries  letters  to  Washington,  142. 
Field,  Edward,  member  of  committee  on  resolutions,  65. 
Field,  Edwin,  member  of  suffrage  printing  committee,  55. 
Fort  Adams,  its  garrison  increased,  146,  201. 
Foundry  Legislature,  meeting  of,  151-153,  283. 
Francis,  E.  Charles,  member  of  constitutional  commission,  296. 
Freeman,  Edward  L.,  member  of  constitutional  commission,  296. 
Freemen,  in  1664,  19;    in  1723-4,  19-21;  in  1841,  75. 
Frieze,  Jacob,  testimony  of,  140. 
Frizzell,  George,  indicted  for  high  treason,  241. 
Fulton,  William  S.,  votes  to  consider  Senator  Allen's  resolution,  145. 

Gavit,  Josei)h,  member  of  suffrage  nominating  committee,  134;  case  of,  230. 
General  Assembly,  omnipotence  of,  79-80. 


INDEX.  413 

Gibbs,  William  C,  elected  Governor,  30. 

Goddard,  Robert  H.  I.,  member  constitutional  commission,  296. 

Goddard,  William  G.,  independent  candidate  for  PVeemen's  Convention,  95. 

Gorman,  Charles  E.,  member  constitutional  commission,  296. 

Greene,  Albert  C,  suggestion  of,  31  ;  elected  Attornej^-General,  136. 

Greene,  James  A.,  vice-president  Election  Day  convention,  65. 

Greenfield,  John  V.,  signs  call  for  Park  meeting,  170. 

Greenman,  James  B.,  member  corresponding  committee,  170. 

Guion,  Clement,  signs  call  for  Park  meeting,  170. 

Haile,  Eevi,  denies  validity'  of  People's  Constitution,  129;    associate  justice  in 

Dorr  trial,  242. 
Hallett,  B.  F.,  argues  for  right  of  the  people,  90;  counsel  for  defense  in  case  of 

Luther  vs.  Borden,  232;  plea  of,  233-234;  obtains  depositions,  276. 
Ham,  George  W.,  objects  to  further  hostile  movements,  220. 
Hamilton,  Alexander,  vice-president  Park  meeting,  170. 
Harris,  Elisha,  commissioner  to  examine  prisoners,  228. 
Harris,  John  S.,  secretary  of  People's  Convention,  iio;  elected  clerk  of  Foundry 

Legislature,  152;  offers  a  compromise,  191-193. 
Harrison,  William  Henry,  vote  for,  46. 
Haskell,  Abner,  member  of  committee  of  twenty-five,  no;  elected  State  Senator, 

136. 
Hatfield,  Abraham,  signs  call  for  Park  meeting,  170. 
Hazard,  Benjamin,  suggests  a  constitution,  31  ;  report  of,  36-37. 
Hazard,  Edwin  H.,  intercepts  Dorr's  letter,  216. 
Hazard,  Willard,  member  of  committee  of  twenty-five,  no. 
Hazzard,  Thomas  G.,  resigns  office,  163. 

Henderson,  John,  votes  to  consider  Senator  Allen's  resolution,  145. 
Hinies,   Sylvester,   member  of  State  committee,   66 ;    member  of  committee  of 

twenty-five,  no. 
Holmes,  George  B.,  123. 

Hopkins,  Colonel,  member  of  suffrage  printing  committee,  55. 
Hopkins,  Joseph,  member  of  "  corresponding  committee,"  170. 
Hopkins,  Josiah,  signs  call  for  Park  meeting,  170. 
Hopkins,  Samuel  T.,  member  of  committee  of  twenty-five,  no. 
Hoppin,  William  W.,  defeated  for  Governor,  258. 

House  of  Representatives,  forced  into  the  controversy,  5 ;  investigates  R.  I.  dif- 
ficulties, 274-281. 
Howland,  John  A.,  prepares  people's  government  resignations,  190. 
Hubbard,  Henry,  refuses  to  honor  requisitions,  240,  245 ;  addresses  legislature, 

269;  interference  of,  303. 


414  THE     DORR     WAR. 

Iredell,  James,  quoted  by  suffragists,  88-89. 

Jackson,  Andrew,  261. 

Jackson,  Charles,  elected  Governor,  256;  defeated  for  re-election,  257. 

Jackson,  Daniel,  vice-president  Park  meeting,  170. 

James,  William,  chairman  of  committee  of  twenty-five,  no;  elected  State  Sena- 
tor, 136. 

Jenckes,  Thomas  A.,  clerk  constitutional  convention,  285. 

Johnson,  William  S.,  discusses  treason,  248. 

Joslin,  Joseph,  president  of  People's  Convention,  no;  elected  General  Treasurer 
by  suffragists,  135;  arrested  by  charter  government,  162;  indicted  for  high 
treason,  241. 

Keep,  John  C,  captured  at  Chepachet,  210. 

Kelby,  Alexander,  killed  at  Pawtucket,  221-222. 

Kennedy,  Andrew,  speaks  on  Burke's  resolutions,  275. 

Kimball,  Henry  A.,  testimony  of,  186. 

King,  Daniel,  candidate  for  Representative,  43. 

King,  Rufus,  discusses  treason,  249. 

King,  Samuel  Ward,  elected  Governor,  46,  136;  asks  help  from  the  President, 
141-142;  calls  special  session  of  the  General  Assembly,  147;  sends  resolu- 
tions to  the  President;  proclamation  of,  182-183;  demands  the  arrest  of 
Dorr,  189;  fears  of,  200-205 !  again  calls  for  government  aid,  21 1-2 12  ;  calls 
out  entire  militia,  212-213;  fears  the  coming  of  "insurgents  from  abroad," 
221;   proclaims  martial  law,  224-226. 

Knight,  Nehemiah  R.,  independent  candidate  for  Freemen's  Convention,  95. 

Knowles,  John  P.,  one  of  the  "nine  lawyers,"  129;  nominated  Attorney-General 
on  second  suffrage  ticket,  135. 

lyCe,  Frederick  R.,  vice-president  Park  meeting,  170. 

Linn,  Lewis  Fields,  votes  to  consider  Senator  Allen's  resolution,  145. 

lyippitt,  Henry,  member  of  constitutional  commission,  296. 

Luce,  Abijah,  member  of  State  committee,  70. 

Luther  vs.  Borden,  case  of,  231-237. 

Luther,  Samuel,  member  of  committee  of  twenty-five,  1 10. 

Luther,  Seth,  indicted  for  high  treason,  241. 

Lynch  vs.  New  York,  case  of,  251. 

Mackinley,  John,  232. 

Madison,  James,  di.scusses  treason,  248. 

Mallett,  E.  J.,  postmaster  at  Providence,  212. 


INDKX.  415 

Manchester,  James,  member  of  suffrage  printing  committee,  55. 

Manley,  James  R.,  vice-president  Park  meeting,  170. 

Mann,  George  S.,  vice-president  Park  meeting,  170. 

Marsh,  Metcalf,  member  of  vState  committee,  70, 

Martial  law,  act  passed  establishing,  205;  enforced,  223-237;  suspended,  284; 
unnecessary,  303-304. 

Mason,  George,  discusses  treason,  249. 

Massachusetts  and  the  Dorr  war,  270. 

McClernand,  J.  A.,  member  of  select  House  committee,  274;  speaks  on  Burke's 
resolutions,  275,  276. 

McGuinness,  Edwin  D.,  member  of  constitutional  commission,  296. 

McMurray,  William,  signs  call  for  Park  meeting,  170. 

McNeill,  William  Gibbs,  given  command  of  State  militia,  213;  present  at  gen- 
eral council,  216,  221. 

McRoberts,  Samuel,  votes  to  consider  Senator  Allen's  resolutions,  145. 

Miller,  Augustus  S.,  member  of  constitutional  commission,  296. 

Mofhtt,  Orsen,  testimony  of,  186. 

Montgomery,  E.,  objects  to  further  hostile  movements,  220. 

Moore,  Ely,  member  of  "corresponding  committee,"  170. 

Morgan,  John  I.,  vice-president  Park  meeting,  170. 

Morris,  Gouveneur,  discusses  treason,  248. 

Morton,  Marcus,  encouragements  of,  266;  sympathizes  with  R.  I.  suffragists,  270; 
interference  of,  303. 

Mowry,  Nathaniel,  member  of  suffrage  nominating  committee,  134. 

Mumford,  Henry  G.,  123. 

New  Hampshire  and  the  Dorr  War,  269. 
Nichols,  Benjamin,  elected  State  Senator,  136. 
Niles,  George,  resigns  office,  163. 

Ostrander,  Gideon,  signs  call  for  Park  meeting,  170. 
O'Sullivan,  J.  ly.,  signs  call  for  Park  meeting,  170. 

Paine,  John,  elected  State  Senator,  136. 
Parmenter,  A.  W.,  addresses  Tammany  Hall  meeting,  168. 
Parmenter,  David,  member  of  committee  on  resolutions,  65. 
Paulding,  George,  vice-president  Park  meeting,  170. 
Paj^ne,  Major  M.  M.,  directed  to  report  daily  to  Washington,  146. 
Pearce,  Dutee  J.,  gives  oration  on  People's  Day,  63;  addresses  Election  Day  con- 
vention, 65;  member  of  State  committee,  66;  member  of  People's  Conven- 


41G  THE     DORR     WAR. 

tion,  96;  member  of  committee  of  twenty-five,  no;  one  of  the  "nine 
lawyers,"  129;  member  of  suffrage  nominating  committee,  134;  elected 
temporary  presiding  officer  of  Foundry  Legislature,  152;  carries  resolutions 
to  Washington,  160;  arrested  bj^  charter  government,  162;  arrives  in  New 
York,  167;  objects  to  further  hostile  movements,  219;  case  of,  231 ;  indicted 
for  high  treason,  241 ;  approves  call  for  constitutional  convention,  283. 

Peckham,  Francis  B.,  secretary  of  Election  Day  convention,  65. 

Peckham,  Samuel  \V.,  captured  at  Chepachet,  210. 

Peckham,  William  S.,  member  of  State  committee,  66. 

Pettigrew,  John,  signs  call  for  Park  meeting,  170. 

Pierce,  Horace  A.,  testimony  of,  186. 

Pitman,  John,  prepares  bill  to  extend  suffrage,  28  ;  on  majorities,  86;  trustee  R. 
I.  Historical  Society,  263. 

Plain,  John,  indicted  for  high  treason,  241. 

Polk,  James  K.,  becomes  President,  277. 

Potter,  A.  V,,  objects  to  further  hostile  movements,  220. 

Potter,  Elisha  R.,  elected  U.  S.  Senator,  45;  questions  legality  of  Smithfield 
memorial,  58;  praises  the  charter,  81;  carries  letters  to  Washington,  142; 
sent  by  Governor  King  to  Washington,  157;  demands  arrest  of  Dorr,  189; 
trustee  R.  I.  Historical  Society,  263 ;  demands  free  discussion  in  House  of 
Representatives,  274. 

Potter,  Jabez  J.,  arrests  Governor  Dorr,  241. 

Potter,  W.  H.,  testimony  of,  186. 

Preston,  Jacob  A.,  member  of  select  House  committee,  274,  276. 

Prime,  Rufus,  vice-president  Park  meeting,  170. 

Purdy,  E.  F.,  leads  Dorr's  escort,  169;  member  of  "  corresponding  committee," 
170;  promises  of,  265. 

Randolph,  Richard  K.,  member  of  Governor's  council,  148;  elected  Speaker,  157. 
Rathbun,  George,  member  of  select  House  committee,  274;  speaks  on  Burke's 

resolutions,  275,  276. 
Rathburn,  Joshua  B.,  member  of  People's  Convention,  96;  member  of  committee 

of  twenty-five,  no. 
Rawle,  William,  discusses  treason,  251. 
Reed,  Alfred,  member  of  committee  of  twenty-five,  no. 
Remington,  Jonathan,  member  of  committee  of  twenty-five,  no. 
Rice,  Emanuel,  member  of  State  committee,  66. 
Rich,  Josiah,  vice-president  Park  meeting,  170. 
Robbins,  Asher,  motion  of,  31;    elected  U.  S.  Senator    45;    chairman  of  select 

committee,  58. 


'  INDKX.  417 

Robinson,  Christopher,  member  of  committee  of  five,  3.S. 

Sacket,  Adnah,  objects  to  further  hostile  movements,  220. 

Salisbury,  Levi,  elected  clerk  of  Foundry  Legislature,  152. 

Sayles,  Welcome  B.,  member  of  State  committee,  66;  meml)er  of  committee  of 
twenty-five,  iio;  elected  Speaker  of  suffrage  House  of  Representatives,  152; 
arrested  by  charter  government,  162;  seconds  Dorr's  remarks,  169;  exami- 
nation of,  275. 

Schureman,  Nicholas,  signs  call  for  Park  meeting,  170. 

Secor,  Charles  A.,  member  "  corresponding  committee,"  170. 

Sedgwick,  Theodore,  signs  call  for  Park  meeting,  170. 

Senate,  U.  S.,  acts  on  R.  I.  affairs,  144-146;  effect  of  the  arsenal  in,  195;  death 
of  the  R.  I.  question  in,  268. 

Sergeant,  John,  discusses  treason,  251. 

Sevier,  Ambrose  H.,  votes  to  consider  Senator  Allen's  resolutions,  145. 

Seward,  William  H.,  honors  requisition,  240. 

Shaw,  George  C,  objects  to  further  hostile  movements,  219. 

Sheffield,  William  P.,  Jr.,  member  of  constitutional  commission,  296. 

Sheldon,  John  B.,  member  of  State  committee,  70. 

Shelley,  Charles  J.,  captured  at  Chepachet,  210. 

Sherman,  Roger,  249. 

Shiels,  William  O.,  vice-president  Park  meeting,  170. 

Simmons,  James  F.,  elected  U.  S.  Senator,  46;  calls  on  the  President,  212. 

Simmons,  Perez,  member  of  People's  Convention,  96. 

Sisson,  Silas,  vice-president  of  Election  Day  convention,  65 ;  member  of  State 
committee,  70. 

Slamni,  Levi  D.,  editor  of  the  New  Era,  169;  vice-president  of  Park  meeting, 
170;  promises  a  thousand  troops  for  R.  I.,  171 ;  promises  of,  265. 

Smith,  Caleb,  speaks  on  Burke's  resolutions,  275. 

Smith,  Christopher,  member  of  committee  of  twenty-five,  no;  elected  State 
Senator,  136. 

Smith,  Elisha  G.,  member  of  committee  of  twenty-five,  no. 

Smith,  James  A.,  member  of  suffrage  printing  committee,  55. 

Smith,  Nathaniel  C,  resigns  office,  163. 

Smith,  Perry,  votes  to  consider  Senator  Allen's  resolutions,  145. 

Smith,  Solomon,  elected  State  Senator,  136. 

Smith,  William  H.,  member  of  committee  of  five,  38;  secretary  of  People's  Con- 
vention, no;  nominated  Secretary  of  State  on  first  suffrage  ticket,  134; 
elected  Secretary  of  State,  135;  imprisoned,  230;  case  of,  231. 

Smithfield  memorial,  58,  282,  299. 
53 


418  THE     DORR     WAR. 

Spencer,  J.  C,  letter  to  Colonel  Bankhead,  201. 

Spencer,  W.  C,  member  of  suffrage  printing  committee,  55. 

Spink,  Joseph,  elected  State  Senator,  136. 

Sprague,  William,  votes  for  Freemen's  Constitution,  123;    sent  to  Washington 

by  Governor  King,  211-212. 
Stalley,  Leonard  A.,  objects  to  further  hostile  movements,  220. 
Stanton,  Daniel,  signs  call  for  Park  meeting,  170. 

Stdples,  William  R.,  independent  candidate  for  Freemen's  Convention,  95 ;  de- 
nies validity  of  People's  Constitution,  129;    associate  justice  in  Dorr  trial, 

242;  secretary  of  R.  I.  Historical  Society,  262, 
Sterne,  John,  vice-president  of  Election  Day  convention,  65 ;  nominated  General 

Treasurer  on  first  suffrage  ticket,  134. 
Stewart,  Alexander,  vice-president  Park  meeting,  170. 
Stiness,  John  H.,  member  of  constitutional  commission,  296. 
Stiness,  Philip,  member  of  State  committee,  70. 
Stoddard,  General  Martin,  president  of  Election  Day  convention,  65;  president 

of  Newport  mass  meeting,  140. 
Stone,  James,  member  of  suffrage  printing  committee,  55. 
Story,  Joseph,  counsel  in  case  of  Euther  vs.  Borden,  232  ;   his  charge  to  grand 

jury,  250. 
Sturgeon,  Daniel,  votes  to  consider  Senator  Allen's  resolution,  145. 
Suffrage,  under  the  charter,  16;  in  1723-4,  19;   in  1729,  20-21;   first  appearance 

of  agitation  for,  48 ;  enthusiasm  for  freer,  63-65 ;   bill  for  extension  of,  69 ; 

in  1841,  75;  qualifications  in  People's  Constitution,  loi. 
Suffrage  Association,  organized,  50;    not  connected  with  political  parties,  53; 

votes  to  support  the  New  Age,  54;  has  no  confidence  in  legislative  help,  56; 

scorns  concessions  of  the  legislature,  68 ;  its  declaration  of  principles,  84-85. 
Supreme  Court,  U.  S.,  and  case  of  Euther  vs.  Borden,  5,  232-236. 
Surre,  Andrew,  vice-president  of  Park  meeting,  170. 

Tallmadge,  Nathaniel  P.,  moves  that  the  President  take  steps  to  protect  R.  I., 

195-196. 
Tammany  Hall,  and  the  R.  I.  troubles,  168-179;  its  members  pledged  to  march 

to  R.  I.,  194;  promises  of,  264. 
Taney,  Roger  Brooke,  decision  of,  235-236. 

Tappan,  Benjamin,  votes  to  consider  Senator  Allen's  resolutions,  145. 
Thayer,  W.  C,  member  of  suffrage  printing  committee,  55. 
Thomas,  Samuel,  .secretary  of  Election  Day  convention,  65. 
Thornton,  William  E.,  resigns  office,  163. 
Tilden,  Samuel  J.,  member  of  "  corresponding  committee,"  170. 


INDEX.  419 

Tillinghast,  Joseph  h.,  calls  on  the  President,  212. 

Tillinghast,  Sidney  S.,  resigns  office,  163. 

Titus,  Jonah,  elected  Attorney-General,  135;  resigns  office,  163. 

Treason,  T.  W.  Dorr  and  others  indicted  for,  241  ;  against  a  State,  245-252. 

Tucker,  Thomas  W.,  signs  call  for  Park  meeting,  170. 

Turner,  George,  counsel  for  the  defense  in  Dorr  trial,  243;  plea  of,  245-246; 
argument  of,  249-256 ;  asks  for  new  trial,  253. 

Tyler,  John,  receives  call  for  assistance,  141  ;  replies  to  Governor  King,  142- 
143;  steps  taken  by,  146;  advises  amnesty  proclamation,  158;  letter  to 
Governor  King,  167;  replies  to  Dorr's  proclamation,  179;  his  caution,  200- 
201;  proclamation  of,  201-202;  refuses  to  send  aid,  212;  his  conservatism, 
251;  requested  to  turn  over  all  R.  I.  papers,  275;  returns  to  private  life, 
277;  loses  party  favor,  278. 

Vache,  Alexander  F.,  vice-president  of  Park  meeting,  170. 
Van  Buren,  Martin,  praised  by  Dorr,  261 ;  encouragements  of,  266. 
Vanderpool,  Aaron,  presides  at  Tammany  Hall  meeting.  168;  member  of  "  cor- 
responding committee,"  170. 
Veazie,  Joseph,  120. 
Vermont  and  the  Dorr  War,  269-270. 
Vinton,  J.  R.,  examination  of,  275. 

Wade,  Laban,  testimony  of,  186. 

Walsh,  Michael,  commands  the  "  Spartan  Band,"  207. 

Walcott,  Palemon,  member  of  People's  Convention,  96. 

Wales,  Samuel  H.,  vice-president  of  Election  Day  convention,  65 ;  member  of 
State  committee,  66 ;  chairman  of  State  committee,  70 ;  member  of  People's 
Convention,  96;  vice-president  of  People's  Convention,  no;  offers  a  com- 
promise, 192-193. 

Ward,  Daniel,  signs  call  for  Park  meeting,  170. 

Washington,  George,  his  farewell  address  quoted  by  suffragists,  88. 

Waterbury,  Nelson  J.,  member  of  "  corresponding  committee,"  170. 

Waterman,  John  R.,  member  of  People's  Convention,  96;  member  of  committee 
of  twenty-five,  no;  member  of  suffrage  nominating  committee,  134. 

Wayland,  Francis,  opinion  of,  25,  26,  43,  76;  criticises  position  of  suffragists,  85. 

Weaver,  Silas,  member  of  State  committee,  66. 

Webster,  Daniel,  letter  to  John  Whipple,  192;  sends  a  trusty  messenger  to  R.  I., 
201 ;  counsel  in  case  of  Luther  vs.  Borden,  232. 

Webster,  Henry  L,.';  member  of  State  committee,  70, 


420  THE     DORR     WAR. 

Weeden,  Wager,  member  of  State  committee,  70 ;  vice-president  of  People's  Con- 
vention, no;  nominated  Ivieutenant-Governor  on  first  suffrage  ticket,  134; 
declines  nomination,  135. 

Weeden,  William  B.,  member  of  constitutional  commission,  296. 

Wentworth,  William,  objects  to  further  hostile  movements,  220. 

Weston,  Silas,  objects  to  further  hostile  movements,  220. 

Wharton,  Francis,  upholds  Judge  Story,  250. 

Wheeler,  Colonel,  deserts  attacking  party,  186. 

Wheeler,  J.  M.,  member  of  suffrage  printing  committee,  55. 

Whipple,  John  S.,  carries  letters  to  Washington,  142;  arranges  attempted  com- 
promise, 191-193;  proposes  resolutions  offering  amnesty,  205;  counsel  in 
case  of  lyUther  vs.  Borden,  232 ;  plea  of,  234. 

White,  Aaron,  Jr.,  one  of  the  "  nine  lawyers,"  129  ;  examination  of,  275. 

White,  Campbell  P.,  vice-president  of  Park  meeting,  170. 

Wilbur,  Peleg,  member  of  Governor's  council,  148. 

Wilcox,  Leonard,  votes  to  consider  Senator  Allen's  resolutions,  145. 

Willard,  Hezekiah,  elected  State  Senator,  136;  arrested  by  charter  government, 
162;  objects  to  further  hostile  movements,  220. 

Williams,  A.  V.,  vice-president  of  Park  meeting,  170. 

Williams,  Henry,  277. 

Williams,  Ruel,  votes  to  consider  Senator  Allen's  resolutions,  145. 

Wilson,  Ellery  H.,  member  of  constitutional  commission,  296. 

Wilson,  Israel,  member  of  committee  of  twenty-five,  no. 

Wilson,  James,  quoted  by  suffragists,  88. 

Wing,  Alexander,  corresponds  with  Dorr,  172-173. 

Winship,  Daniel,  vice-president  of  Park  meeting,  170. 

Wood,  John,  elected  State  Senator,  136. 

Woodbury,  Levi,  opinion  of,  6;  votes  to  consider  Senator  Allen's  resolution, 
145;  dissenting  decision  of,  236. 

Wright,  Silas,  votes  to  consider  Senator  Allen's  resolution,  145. 

Yates,  Henry,  vice-president  of  Park  meeting,  170. 
Yeaw,  James,  resigns  office,  163. 


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